N.M. Stat. Ann. § 47-8-36.1
Landlord lien.
Operative Text
47-8-36.1. Landlord lien. A. There shall be no landlord's lien arising out of the rental of a dwelling unit to which the Uniform Owner-Resident [Relations] Act applies. B. Nothing in this section shall prohibit the owner from levy and execution on a judgment arising out of a claim for rent or damages. History: 1978 Comp., § 47-8-36.1, enacted by Laws 1995, ch. 195, § 17.
Under NMSA 47-8-36.1, no automatic lien in favor of a landlord can arise simply from the act of renting a dwelling unit covered by New Mexico's Uniform Owner-Resident Relations Act. This means a landlord cannot claim a possessory or statutory lien over a tenant's personal property as a matter of course. However, the provision does not prevent a landlord who has obtained a court judgment for unpaid rent or damages from pursuing levy and execution to collect on that judgment through normal legal processes.
Plain English — not legal advice.
Property owners and managers subject to NMSA 47-8-36.1 should be aware that the Uniform Owner-Resident Relations Act eliminates any automatic lien right over a resident's belongings that might otherwise arise from the rental relationship. Compliant operators do not attempt to seize, hold, or assert a lien over tenant property as a self-help remedy for unpaid rent or damages. If a monetary dispute escalates, the recognized path under Section 47-8-36.1 is to pursue a court judgment and then use lawful levy and execution procedures to collect.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA 47-8-36.1 protects residents covered by the Uniform Owner-Resident Relations Act from having a landlord assert an automatic lien over their personal property simply because rent or damages are owed. If a landlord attempts to hold, seize, or claim a lien on belongings outside of a court-ordered process, that action is not authorized under this section. Tenants who believe a landlord is improperly asserting such a lien may consider documenting the situation, contacting a tenant-rights organization in New Mexico, or consulting with an attorney familiar with Section 47-8-36.1.
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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