Can a landlord retaliate against a tenant for complaining in New Mexico?
No. In New Mexico, an owner may not raise the rent, cut services, or bring or threaten an eviction against a resident who is in compliance with the rental agreement because within the previous six months the resident complained to a code agency, made a fair housing complaint, joined a tenant organization, or exercised rights under the Owner-Resident Relations Act. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is N.M. Stat. § 47-8-39.
| What | New Mexico |
|---|---|
| Retaliation by a landlord | Prohibited by statute |
| Time period in the statute | Protected for 6 months |
| How the period works | The protection is tied to a fixed period |
Source
N.M. Stat. § 47-8-39
Read the statute in the New Mexico Statutes (New Mexico Compilation Commission): nmonesource.com.
The linked sections open Justia’s free copy of the code, because the state’s own site has no stable address for each section.
Checked against the statute on October 23, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
When an owner prepares an eviction in Seayora, it lists any repair request opened on the unit in the last 180 days that is still open, not to stop the case but because the tenant will raise retaliation and the owner should have an answer. Every repair request keeps the date it was filed.
Guides on this rule
- Landlord Retaliation Laws: Protected Tenant Acts and Time Limits — When an eviction, rent increase or cut in services is presumed retaliatory: 180 days in California, six months in Texas, a year in New York.
Compare this rule in every state
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The same question in other states
- Alabama
- Alaska
- Arizona
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
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- Hawaii
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