New Mexico Statewide Rule
New Mexico Landlord Entry Notice Requirements
Key Facts
- Notice required
- 24 hours written notice (NMSA 47-8-24)
- Must state
- Purpose and reasonable time estimate
- Emergencies
- Entry allowed without notice or consent
- Resident-requested repairs
- No 24-hour notice within 7 days of request
Summary
NMSA 47-8-24 requires a New Mexico owner to give 24 hours' written notice before entering, stating the purpose and a reasonable time estimate. No notice is needed in an emergency, for repairs the resident requested within seven days, or when accompanied by a public official or utility representative.
A. The resident shall, in accordance with provisions of the rental agreement and notice provisions as provided in this section, consent to the owner to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, prospective residents, workmen or contractors; provided that: (1) unless otherwise agreed upon by the owner and resident, the owner may enter the resident's dwelling unit pursuant to this subsection only after giving the resident twenty-four hours written notification of his intent to enter, the purpose for entry and the date and reasonable estimate of the time frame of the entry;
Full Breakdown
Under NMSA 47-8-24, an owner 'may enter the resident's dwelling unit pursuant to this subsection only after giving the resident twenty-four hours written notification' of the intent to enter, the purpose, and a reasonable estimate of the time frame. Permitted purposes include to 'inspect the premises, make necessary or agreed repairs... or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, prospective residents, workmen or contractors.' The 24-hour rule does not apply to repairs or services 'within seven days of a request by the resident,' or when the owner is accompanied by a public official conducting an inspection or a cable, electric, gas, or telephone representative. The owner 'may enter the dwelling unit without consent of the resident in case of an emergency,' and may not abuse the right of access.
Violations & Penalties
No specific statutory penalty. A resident subjected to unlawful or repeated abusive entry may obtain injunctive relief, recover actual damages, or terminate the agreement under the Uniform Owner-Resident Relations Act (NMSA 47-8-29).
Frequently Asked Questions
How much notice must a New Mexico landlord give before entering?
Can a New Mexico landlord enter without notice?
Sources
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