N.M. Stat. Ann. § 47-8-25
Use of dwelling unit limited.
Operative Text
47-8-25. Use of dwelling unit limited.
Unless otherwise agreed, the resident shall occupy his dwelling unit only as a
dwelling unit and in compliance with terms and conditions of the rental agreement. The
rental agreement may require that the resident notify the owner of any anticipated
extended absence from the premises in excess of seven days no later than the first day
of the extended absence.
History: 1953 Comp., § 70-7-25, enacted by Laws 1975, ch. 38, § 25.Section 47-8-25 of New Mexico's Uniform Owner-Resident Relations Act establishes that a dwelling unit is to be used as a residence unless the rental agreement specifies otherwise, and that use must conform to the terms of that agreement. The provision also permits a rental agreement to include a clause requiring the resident to notify the owner of any planned absence longer than seven days, with that notice due no later than the first day of the absence. This rule sets the baseline expectations for how a rental unit may be occupied and what communication obligations may be contractually imposed.
Plain English — not legal advice.
Under NMSA 47-8-25, compliant rental operators generally ensure their lease agreements clearly define the permitted use of the dwelling unit as residential. Operators who wish to receive advance notice of extended absences—those exceeding seven days—typically include an explicit notification clause in the rental agreement, since the statute makes such a requirement optional rather than automatic. Reviewing lease language to confirm it reflects the intended use restrictions and any desired absence-notification requirements is a common practice among property managers operating under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA 47-8-25 means that as a resident, your right to occupy the unit is tied to using it as a dwelling and complying with your rental agreement's terms. If your lease includes an extended-absence notification clause, you may be contractually obligated to inform your owner before a planned absence of more than seven days. Tenants who have questions about whether a particular use is permitted under their agreement, or whether an absence-notification requirement was properly included in their lease, can consult a tenant-rights organization or review their lease terms in light of this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation