N.M. Stat. Ann. § 47-8-27.2
Abatement.
Operative Text
47-8-27.2. Abatement.
A. If there is a violation of Subsection A of Section 47-8-20 NMSA 1978, other than
a failure or defect in an amenity, the resident shall give written notice to the owner of the
conditions needing repair. If the owner does not remedy the conditions set out in the
notice within seven days of the notice, the resident is entitled to abate rent as set forth
below:
(1) one-third of the pro-rata daily rent for each day from the date the resident
notified the owner of the conditions needing repair, through the day the conditions in the
notice are remedied. If the conditions complained of continue to exist without remedy
through any portion of a subsequent rental period, the resident may abate at the same
rate for each day that the conditions are not remedied; and
(2) one hundred percent of the rent for each day from the date the resident
notified the owner of the conditions needing repair until the date the breach is cured if
the dwelling is uninhabitable and the resident does not inhabit the dwelling unit as a
result of the condition.
B. For each rental period in which there is a violation under Subsection A of this
section, the resident may abate the rent or may choose an alternate remedy in
accordance with the Uniform Owner-Resident Relations Act. The choice of one remedy
shall not preclude the use of an alternate remedy for the same violation in a subsequent
rental period.
C. If the resident's rent is subsidized in whole or in part by a government agency,
the abatement limitation of one month's rent shall mean the total monthly rent paid for
the dwelling and not the portion of the rent that the resident alone pays. Where there is
a third party payor, either the payor or the resident may authorize the remedy and may
abate rent payments as provided in this section.
D. Nothing in this section shall limit a court in its discretion to apply equitable
abatement.
E. Nothing in this section shall entitle the resident to abate rent for the unavailability
of an amenity.
History: 1978 Comp., § 47-8-27.2, enacted by Laws 1995, ch. 195, § 12; 1999, ch. 91,
§ 4.Section 47-8-27.2 of New Mexico's Uniform Owner-Resident Relations Act establishes a rent abatement mechanism when a rental property has conditions that violate the owner's habitability duties under Section 47-8-20. After a tenant provides written notice of the needed repairs, the owner has seven days to remedy the conditions before abatement rights activate. Depending on the severity, abatement can range from one-third of the daily pro-rata rent for each day conditions go unaddressed, up to 100% of daily rent if the unit is uninhabitable and the tenant cannot live there. Courts also retain discretion to apply equitable abatement beyond what the statute prescribes, and amenity-only deficiencies are explicitly excluded from this remedy.
Plain English — not legal advice.
Under NMSA § 47-8-27.2, property owners who receive written notice of habitability conditions have a seven-day window to make repairs before a resident's right to abate rent begins accruing. Operators who maintain documented repair logs, respond promptly to written notices, and complete remediation within that window generally avoid triggering abatement liability. When a unit becomes uninhabitable, the financial exposure is significantly higher — up to 100% of daily rent — so swift action on serious conditions is a hallmark of compliant property management. Owners should also be aware that for government-subsidized units, abatement calculations are based on the total contract rent, not just the tenant's share.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA § 47-8-27.2 gives New Mexico residents the right to reduce rent payments when an owner fails to address habitability violations after receiving proper written notice. If conditions persist beyond seven days from the date of notice, a tenant may be entitled to withhold one-third of the daily pro-rata rent, or the full daily rent if the unit is uninhabitable and the tenant has vacated as a result. Tenants also have the option to pursue alternate remedies under the Uniform Owner-Resident Relations Act in subsequent rental periods, and consulting a tenant-rights organization can help clarify which paths are available under 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 In
Rules and statutes that cite this regulation