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Legal Information: New Mexico

Housing Laws

Laws current as of
January 5, 2024

If the abuser and I live together, can my landlord evict the abuser but allow me to stay?

If the abuser lives with you and significantly breaks the lease or building rules, known as committing a “substantial violation” of the lease, the landlord can evict him/her.1 Read What is a “substantial violation” of the rental agreement? to understand what counts as a “substantial violation” of the lease. Even if the abuser is evicted, you might still be able to stay in your home for two reasons. First, the landlord may decide only to evict the abuser, and not try to evict you as well. Second, if the landlord does file to evict you based on the abuser’s acts, you may be protected from eviction if you meet the requirements explained in Can my landlord evict me because of something the abuser did?2  

1 NM ST § 47-8-33
2 NM ST § 47-8-33(J)

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