N.M. Stat. Ann. § 47-8-40
Action for possession by owner.
Operative Text
47-8-40. Action for possession by owner.
A. Notwithstanding Subsections A and B of Section 47-8-39 NMSA 1978, an owner
may bring an action for possession if:
(1) the violation of the applicable minimum building or housing code was
caused primarily by lack of reasonable care by the resident or other person in his
household or upon the premises with the resident's consent;
(2) the resident is in default in rent;
(3) there is a material noncompliance with the rental agreement that would
otherwise give rise to the owner's right to terminate the rental agreement;
(4) a resident knowingly commits or consents to any other person in the
dwelling unit or on the premises knowingly committing a substantial violation; or
(5) compliance with the applicable building or housing code requires
alteration, remodeling or demolition that would effectively deprive the resident of use of
the dwelling unit.
B. The maintenance of an action under Subsection A of this section does not
release the owner from liability under Section 47-8-20 NMSA 1978.
History: 1953 Comp., § 70-7-40, enacted by Laws 1975, ch. 38, § 40; 1995, ch. 195, §
19.Section 47-8-40 of New Mexico's Uniform Owner-Resident Relations Act identifies specific circumstances under which a property owner may pursue a legal action to recover possession of a rental unit, even when certain tenant-protective provisions of Section 47-8-39 might otherwise apply. These circumstances include situations where the resident caused a housing code violation through lack of reasonable care, is behind on rent, has materially breached the rental agreement, has committed or permitted a substantial violation, or where code compliance would require work that effectively eliminates the resident's use of the unit. Importantly, the section also makes clear that filing such an action does not shield the owner from their own obligations under Section 47-8-20.
Plain English — not legal advice.
Under NMSA § 47-8-40, operators who pursue a possession action must be able to demonstrate that one of the enumerated grounds applies — such as a resident-caused code violation, a rent default, a material lease breach, a substantial violation, or a code-compliance scenario requiring demolition or major alteration. Compliant operators typically document the specific basis for the action carefully, since the statute preserves the owner's liability under Section 47-8-20 regardless of whether a possession action is filed. Maintaining thorough records of lease terms, payment history, notices, and any code-related correspondence is a practice generally associated with managing these situations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 47-8-40 of the Uniform Owner-Resident Relations Act limits the grounds on which an owner can bring a possession action, meaning a tenant may have grounds to contest an eviction if the owner cannot establish one of the five specific circumstances listed in the statute. Tenants should also be aware that even when an owner files a valid possession action under this section, the owner's duties under Section 47-8-20 — which relates to habitability and maintenance obligations — remain in force and can still be raised. Tenant-rights organizations in New Mexico and legal aid services can help residents understand whether a possession action appears to meet the statutory requirements and what options may be available in response.
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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