What New Mexico requires
- Unless the owner and resident agree otherwise, the owner enters to inspect, repair, supply services or show the unit only after 24 hours' written notification of the intent to enter, the purpose, the date and a reasonable estimate of the time frameNMSA 1978, s. 47-8-24 (A) (1) · NMSA 1978, s. 47-8-24 (A) (1), annotated
- The notice rule does not apply to repairs or services within seven days of the resident's request, or when the owner is accompanied by a public official conducting an inspection or a cable television, electric, gas or telephone company representativeNMSA 1978, s. 47-8-24 (A) (2)
- When the resident gives reasonable prior notice of alternate times or dates and it is practicable and not an economic detriment to the owner, the owner tries to reasonably accommodate the alternate timeNMSA 1978, s. 47-8-24 (A) (3)
- The owner may enter without consent in an emergency, and may not abuse the right of accessNMSA 1978, s. 47-8-24 (B), (C)
- The owner has no other right of access except by court order, if the resident has abandoned or surrendered the premises, or during an absence of more than seven days, when the owner may enter at times reasonably necessaryNMSA 1978, s. 47-8-24 (D) · NMSA 1978, s. 47-8-34 (B)
- A resident who refuses lawful access can face an injunction or termination plus damages; for an unlawful entry, an unreasonable entry or repeated demands that unreasonably interfere with quiet enjoyment, the resident may seek an injunction or terminate and recover damagesNMSA 1978, s. 47-8-24 (E), (F)
What the written notice says
Unless you and the resident agree otherwise, give written notice at least 24 hours before entering, stating your intent to enter, the purpose, the date and a reasonable estimate of the time frame. If the resident asks in good time for another time or date, try to accommodate it when practicable.
When no notice is needed
Repairs or services within seven days of the resident's own request, and visits accompanied by a public inspector or a utility or cable representative, need no notice. Emergencies allow entry without consent, and during an absence of more than seven days the owner may enter at reasonably necessary times.
Remedies
A resident can seek an injunction, end the agreement and recover damages for unlawful or harassing entry; an owner refused lawful access has matching remedies.
Common mistakes
- A notice with no time frame.
- Treating a repair request from two weeks ago as notice: the exception lasts seven days.
- Ignoring the resident's reasonable request for another time.
Sources
- NMSA 1978, s. 47-8-24 (A) (1), checked October 26, 2026
- NMSA 1978, s. 47-8-24 (A) (1), annotated, checked October 26, 2026
- NMSA 1978, s. 47-8-24 (A) (2), checked October 26, 2026
- NMSA 1978, s. 47-8-24 (A) (3), checked October 26, 2026
- NMSA 1978, s. 47-8-24 (B), (C), checked October 26, 2026
- NMSA 1978, s. 47-8-24 (D), checked October 26, 2026
- NMSA 1978, s. 47-8-34 (B), checked October 26, 2026
- NMSA 1978, s. 47-8-24 (E), (F), checked October 26, 2026
Last reviewed October 26, 2026. Next review due January 26, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.