N.M. Stat. Ann. § 47-8-30
Action for counterclaim for resident.
Operative Text
47-8-30. Action for counterclaim for resident.
A. In an action for possession based upon nonpayment of rent or in an action for
rent where the resident is in possession, the resident may counterclaim for any amount
which he may recover under the rental agreement or the Uniform Owner-Resident
Relations Act, providing that the resident shall be responsible for payment to the owner
of the rent specified in the rental agreement during his period of possession. Judgment
shall be entered in accordance with the facts of the case.
B. If the defense or counterclaim by the resident is without merit and is not raised in
good faith, the owner may recover reasonable attorney's fees and his court costs.
C. If the action or reply to the counterclaim is without merit and is not in good faith,
the resident may recover reasonable attorney's fees and his court costs.
History: 1953 Comp., § 70-7-30, enacted by Laws 1975, ch. 38, § 30.Under NMSA 47-8-30, when a landlord sues a tenant for unpaid rent or for possession due to nonpayment, the tenant is permitted to bring a counterclaim in the same proceeding to recover amounts owed under the rental agreement or the Uniform Owner-Resident Relations Act. The tenant remains responsible for paying rent during the period they occupy the unit, and the court issues a judgment based on the facts presented. Either side may recover reasonable attorney's fees and court costs if the opposing party's claim or counterclaim is found to lack merit and was not raised in good faith.
Plain English — not legal advice.
Under NMSA 47-8-30, landlords pursuing eviction or rent-collection actions should be aware that tenants have a statutory right to raise counterclaims in the same proceeding, potentially offsetting amounts owed. Compliant operators generally maintain thorough records of rent payments, repair requests, and communications so they can respond to any counterclaims with documented evidence. Landlords whose counterclaim responses are substantiated and made in good faith may be positioned to seek attorney's fees and court costs if a tenant's counterclaim is later found to be without merit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA 47-8-30 gives tenants the right to assert counterclaims against a landlord within an eviction or rent-collection lawsuit, allowing them to seek recovery for violations of the rental agreement or the Uniform Owner-Resident Relations Act in the same court action. Tenants should be aware that they remain obligated to pay rent during the period they stay in the unit, and the court will weigh all facts before entering judgment. Tenants who believe they have valid counterclaims may benefit from consulting a tenant-rights organization or legal aid provider familiar with NMSA 47-8-30 to understand the range of options available to them.
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.
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