N.M. Stat. Ann. § 47-8-45
Legal or equitable defense.
Operative Text
47-8-45. Legal or equitable defense. On or before the day fixed for his appearance, the defendant may appear and answer and assert any legal or equitable defense, setoff or counterclaim. History: 1953 Comp., § 70-7-45, enacted by Laws 1975, ch. 38, § 45.
Section 47-8-45 of New Mexico's Uniform Owner-Resident Relations Act preserves the right of a defendant in a housing-related proceeding to raise any legal or equitable defense, setoff, or counterclaim. This means that a party who has been sued is not limited to simply denying the claim — they may affirmatively assert their own claims or offsetting rights within the same proceeding. The rule requires that such defenses or counterclaims be raised on or before the scheduled appearance date.
Plain English — not legal advice.
Under NMSA § 47-8-45, when a landlord is named as a defendant in a housing proceeding, the same procedural right to assert defenses, setoffs, or counterclaims applies to them as to any other defendant. Property owners and managers who find themselves in a defensive posture generally ensure that any offsetting claims — such as unpaid rent or damages — are identified and raised by the appearance date. Missing that deadline could affect the ability to assert those claims within the same action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 47-8-45 of the Uniform Owner-Resident Relations Act is a significant protection for tenants who are defendants in eviction or other housing proceedings, because it allows them to raise legal or equitable defenses — such as a landlord's failure to maintain habitable conditions — as well as counterclaims within the same case. Tenants who believe they have offsetting claims or defenses generally need to raise them on or before their scheduled court appearance date. Tenant-rights organizations and legal aid offices can help individuals understand what types of defenses or counterclaims may be available under New Mexico law.
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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