N.M. Stat. Ann. § 47-8-36
Unlawful removal and diminution of services prohibited.
Operative Text
47-8-36. Unlawful removal and diminution of services prohibited.
A. Except in case of abandonment, surrender or as otherwise permitted in the
Uniform Owner-Resident Relations Act, an owner or any person acting on behalf of the
owner shall not knowingly exclude the resident, remove, threaten or attempt to remove
or dispossess a resident from the dwelling unit without a court order by:
(1) fraud;
(2) plugging, changing, adding or removing any lock or latching device;
(3) blocking any entrance into the dwelling unit;
(4) interfering with services or normal and necessary utilities to the unit
pursuant to Section 47-8-32 NMSA 1978, including but not limited to electricity, gas, hot
or cold water, plumbing, heat or telephone service, provided that this section shall not
impose a duty upon the owner to make utility payments or otherwise prevent utility
interruptions resulting from nonpayment of utility charges by the resident;
(5) removing the resident's personal property from the dwelling unit or its
premises;
(6) removing or incapacitating appliances or fixtures, except for making
necessary and legitimate repairs; or
(7) any willful act rendering a dwelling unit or any personal property located in
the dwelling unit or on the premises inaccessible or uninhabitable.
B. The provisions of Subsection A of this section shall not apply if an owner
temporarily interferes with possession while making legitimate repairs or inspections as
provided for in the Uniform Owner-Resident Relations Act.
C. If an owner commits any of the acts stated in Subsection A of this section, the
resident may:
(1) abate one hundred percent of the rent for each day in which the resident is
denied possession of the premises for any portion of the day or each day where the
owner caused termination or diminishment of any service for any portion of the day;
(2) be entitled to civil penalties as provided in Subsection B of Section 47-8-
48 NMSA 1978;
(3) seek restitution of the premises pursuant to Sections 47-8-41 and Section
47-8-42 NMSA 1978 or terminate the rental agreement; and
(4) be entitled to damages.
History: 1953 Comp., § 70-7-36, enacted by Laws 1975, ch. 38, § 36; 1995, ch. 195, §
16.Section 47-8-36 of New Mexico's Uniform Owner-Resident Relations Act prohibits property owners—and anyone acting on their behalf—from forcing a resident out of a dwelling unit without a court order, except in cases of abandonment or surrender. Prohibited tactics include changing locks, blocking entrances, cutting off utilities or services, removing the resident's belongings, disabling appliances, or any other willful act that makes the unit inaccessible or uninhabitable. When a legitimate repair or inspection is conducted in accordance with the Act, a temporary interference with possession is not considered a violation. Residents who are subjected to these prohibited acts may pursue rent abatement, civil penalties, restitution of the premises, or damages.
Plain English — not legal advice.
Under NMSA § 47-8-36, compliant property owners and their agents rely exclusively on the court-ordered eviction process to remove a resident from a dwelling unit, never resorting to self-help measures such as lock changes, utility shutoffs, or removal of the resident's belongings. Operators who need to perform repairs or inspections do so in the manner prescribed by the Uniform Owner-Resident Relations Act, which provides a narrow exception for temporary interference with possession during legitimate work. Maintaining clear documentation of repair activities and court filings helps demonstrate that any interference with a resident's possession falls within the Act's recognized exceptions rather than the prohibited conduct listed in § 47-8-36(A).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 47-8-36 of the Uniform Owner-Resident Relations Act gives New Mexico residents strong protections against being forced out of their homes without a court order—covering tactics like lock changes, utility shutoffs, removal of personal property, and other acts that make a unit inaccessible or uninhabitable. If an owner commits any of these prohibited acts, § 47-8-36(C) allows residents to pursue remedies including 100% daily rent abatement for each day possession or services are denied, civil penalties under § 47-8-48, restitution of the premises, or termination of the rental agreement along with damages. Residents who believe their owner has violated this provision may consider contacting a local tenant-rights organization, a legal aid office, or the New Mexico courts to learn about the enforcement paths 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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