Tenants and landlords both have rights protected by rental agreements. Tenants pay rent while landlords are responsible for maintaining the cleanliness and livability of their properties.

In New Mexico, there are no laws compelling landlords to remediate mold in their property. However, landlords have a responsibility to keep their units habitable while tenants have the right to live in a safe home.

Therefore, tenants in New Mexico must notify their landlord whenever they face mold problems in their homes. The landlord will then seek professionals to remediate the mold problem in good time.

mold removal laws New Mexico landlord responsibility
  1. Keep the unit clean, safe and habitable.
  2. Make all repairs reported to them by their tenants
  3. Collect rent.
  4. Request for and return the security deposit.
  5. Offer privacy to their tenants.
  6. Maintain the common areas.
  7. Pay all costs and fees for the property.

Tenant rights and responsibilities in New Mexico

  1. Pay rent as agreed.
  2. Comply with all building and housing codes.
  3. Keep the unit clean and habitable at all times.
  4. Pay for or perform minor repairs and maintenance.
  5. Proper waste disposal.
  6. Proper use of all facilities.
  7. Ensure quiet enjoyment for neighbors and other tenants.
  8. Not to deliberately or negligently destroy any part of the unit.

How long does a landlord have to repair mold in New Mexico?

Landlords in New Mexico have a duty to provide a habitable living space for their tenants. One way of doing it is by making repairs requested within a reasonable time.

For emergency repairs or damage that may make the unit uninhabitable, the landlord has 24 to 48 hours.

For other repairs, landlords in New Mexico have up to 7 days. Follow what mold laws are like in other states here.

If the landlord does not fix the damage after a reasonable time, tenants can withhold rent or break their lease without penalty.

Mold disclosure law in New Mexico

New Mexico does not have any laws that require landlords to disclose the presence of mold in their units to new tenants.

A federal law that requires them to disclose the presence of lead paint for homes built before 1978.

Here are some of the other disclosures that landlords should make:

  • Details about the security deposit.
  • Any additional fees over the rent.
  • A move-in checklist indicates any material damage to the unit.
  • Local rent control rules.
  • Information on the use of shared utilities.
  • Smoke detector and alarm installation.
  • The identity and location of the landlord and agent.
  • If there has been recent flooding in the unit.
  • Presence of outstanding building code violations.

Can you break rental lease in New Mexico due to mold?

Tenants in New Mexico can break their rental lease without penalty under the following conditions.

  • To start active military duty.
  • Invoking th