N.M. Stat. Ann. § 47-8-26
Delivery of possession.
Operative Text
47-8-26. Delivery of possession.
A. At the time specified in the rental agreement for the commencement of
occupancy, the owner shall deliver possession of the premises to the resident in
compliance with the rental agreement and Section 47-8-20 NMSA 1978. The owner
may bring an action for possession against the resident or any person wrongfully in
possession and may recover the damages provided in Subsection F of Section 47-8-33
NMSA 1978.
B. If the owner fails to deliver possession of the premises to the prospective
resident as provided in Subsection A of this section, one hundred percent of the rent
abates until possession is delivered and the prospective resident may:
(1) upon written notice to the owner, terminate the rental agreement effective
immediately. Upon termination the owner shall return all prepaid rent and deposits; or
(2) demand performance of the rental agreement by the owner and, if the
prospective resident elects, maintain an action for possession of the premises against
any person wrongfully withholding possession and recover the damages sustained by
him and seek the remedies provided in Section 47-8-48 NMSA 1978.
C. If the owner makes reasonable efforts to obtain possession of the premises and
returns prepaid rents, deposits and fees within seven days of receiving a prospective
resident's notice of termination, the owner shall not be liable for damages under this
section.
History: 1953 Comp., § 70-7-26, enacted by Laws 1975, ch. 38, § 26; 1999, ch. 91, § 3.Under NMSA 47-8-26, a landlord is required to deliver a rental unit to the incoming resident at the date and time set in the rental agreement, in a condition that meets the agreement's terms and the habitability standards of Section 47-8-20. If the landlord fails to do so, rent stops accruing entirely until possession is actually handed over. The prospective resident may then either cancel the agreement immediately and receive a full refund of prepaid rent and deposits, or insist on performance and pursue legal remedies including a court action for possession and damages.
Plain English — not legal advice.
Section 47-8-26 places the obligation squarely on property owners to have the unit ready and available on the lease start date. Compliant operators coordinate move-out and turnover timelines carefully so that the incoming resident can take possession as scheduled. If a prior occupant or other circumstance prevents timely delivery, owners who promptly return all prepaid funds and deposits within seven days of receiving a termination notice may avoid liability for damages under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA 47-8-26 gives prospective residents clear options when a landlord cannot deliver the unit on the agreed move-in date — rent stops accruing immediately, and you may either cancel the agreement in writing and receive a full refund, or demand the landlord follow through and pursue a court action for possession and damages. Tenants can also seek remedies under Section 47-8-48, which addresses additional relief. A local tenant-rights organization or legal aid office can help clarify which options apply to a given situation.
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
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References In
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