The proposed changes will significantly alter existing state laws regarding eviction processes and tenant rights. Notably, HB6 extends the notice period for nonpayment of rent from three to eleven days, allowing residents more time to address outstanding payments. Furthermore, the bill requires a court judgment of restitution before a writ of restitution can be issued, thus reinforcing judicial oversight before property is reclaimed by the landlord. These amendments aim to provide fairer treatment to tenants by ensuring they are given ample opportunity to remedy nonpayment issues before facing eviction.
House Bill 6, introduced in New Mexico's 2023 legislature, aims to update the laws governing housing and resident-owner relations. The bill primarily addresses the Uniform Owner-Resident Relations Act and introduces key provisions related to written notices, civil penalties for landlords, and the rights of residents during emergencies. This legislation clarifies that landlords must provide a written statement of any deductions from deposits upon a resident's departure within a specified timeframe, enhancing tenant protections against unfair retention of deposits.
While the bill has received support for its tenant-friendly provisions, there are concerns among property owners and landlords regarding its implications. Opponents argue that the extended notice periods and requirements for a court judgment may complicate the eviction process, making it more difficult for landlords to manage their properties effectively. The bill also includes provisions that prevent landlords from terminating leases during declared emergencies or severely restricts their ability to do so if the reason is based on nonpayment of rent, which some stakeholders view as an overreach that may enable non-compliance by tenants.