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SENATE BILL 400
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Antoinette Sedillo Lopez
AN ACT
RELATING TO REAL PROPERTY; ALLOWING RESIDENTS WHO ARE VICTIMS
OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT TO BE RELEASED WITHOUT
PENALTY FROM RENTAL AGREEMENTS; PROVIDING THAT OTHER PARTIES TO
THE RENTAL AGREEMENT MAY BE RELEASED FROM FINANCIAL
RESPONSIBILITY AND ALLOWED TO ENTER INTO A NEW RENTAL
AGREEMENT; PROVIDING THAT A PERSON ALLEGED TO HAVE COMMITTED
DOMESTIC VIOLENCE OR SEXUAL ASSAULT MAY BE CIVILLY LIABLE TO AN
OWNER REGARDLESS OF WHETHER THE PERSON WAS A PARTY TO THE
RENTAL AGREEMENT; MAKING CONFORMING AMENDMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 47-8-33 NMSA 1978 (being Laws 1975,
Chapter 38, Section 33, as amended) is amended to read:
"47-8-33. BREACH OF AGREEMENT BY RESIDENT AND RELIEF BY
OWNER.--
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A. Except as provided in the Uniform Owner-Resident
Relations Act, if there is noncompliance with Section 47-8-22
NMSA 1978 materially affecting health and safety or upon the
initial material noncompliance by the resident with the rental
agreement or [any] a separate agreement, the owner shall
deliver a written notice to the resident specifying the acts
and omissions constituting the breach, including the dates and
specific facts describing the nature of the alleged breach, and
stating that the rental agreement will terminate upon a date
not less than seven days after receipt of the notice if the
breach is not remedied in seven days.
B. Upon the second material noncompliance with the
rental agreement or [any ] a separate agreement by the resident,
within six months of the initial breach, the owner shall
deliver a written notice to the resident specifying the acts
and omissions constituting the breach, including the dates and
specific facts describing the nature of the alleged breach, and
stating that the rental agreement shall terminate upon a date
not less than seven days after receipt of the notice. If the
subsequent breach occurs more than six months after the initial
breach, it shall constitute an initial breach for purposes of
applying the provisions of this section.
C. The initial notice provided in this section
shall state that the rental agreement will terminate upon the
second material noncompliance with the rental agreement or
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[any] a separate agreement by the resident, within six months
of the initial breach. To be effective, [any ] a notice
pursuant to this subsection shall be given within thirty days
of the breach or knowledge thereof.
D. If rent is unpaid when due and the resident
fails to pay rent within three days after written notice from
the owner of nonpayment and [his ] the owner's intention to
terminate the rental agreement, the owner may terminate the
rental agreement and the resident shall immediately deliver
possession of the dwelling unit; provided that tender of the
full amount due, in the manner stated in the notice, prior to
the expiration of the three-day notice shall bar [any ] an
action for nonpayment of rent.
E. In [any] a court action for possession for
nonpayment of rent or other charges where the resident disputes
the amount owed because [(1) ] the resident has abated rent
pursuant to Section 47-8-27.2 or 47-8-4 NMSA 1978 or [(2) ] the
owner has allocated rent paid by the resident as payment for
damages to the premises, then, if the owner is the prevailing
party, the court shall enter a writ of restitution conditioned
upon the right of the resident to remedy within three days of
entry of judgment. If the resident has satisfied the judgment
within three days, the writ shall be dismissed. If the
resident has not satisfied the judgment within three days, the
owner may execute upon the writ without further order of the
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court.
F. Except as provided in the Uniform Owner-Resident
Relations Act, the owner may recover damages and obtain
injunctive or other relief for [any ] noncompliance by the
resident with the rental agreement or this section or Section
47-8-22 NMSA 1978.
G. In a judicial action to enforce a remedy for
which prior written notice is required, relief may be granted
based only upon the grounds set forth in the written notice
served; provided, however, that this shall not bar a defendant
from raising [any and ] all defenses or counterclaims for which
written notice is not otherwise required by the Uniform Owner-
Resident Relations Act.
H. When the last day for remedying [any ] a breach
pursuant to written notice required [under ] pursuant to the
Uniform Owner-Resident Relations Act occurs on a weekend or
federal holiday, the period to remedy shall be extended until
the next day that is not a weekend or federal holiday.
I. If the resident knowingly commits or consents to
another person in the dwelling unit or on the premises
knowingly committing a substantial violation, the owner shall
deliver a written notice to the resident specifying the time,
place and nature of the act constituting the substantial
violation and that the rental agreement will terminate upon a
date not less than three days after receipt of the notice.
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J. In [any] an action for possession [under ]
pursuant to Subsection I of this section, it shall be a defense
that the resident is a victim of domestic violence or of sexual
assault. If the resident has filed for or secured a temporary
domestic violence restraining order as a result of the incident
that is the basis for the termination notice or as a result of
a prior incident, the writ of restitution shall not issue. In
all other cases [where ] in which domestic violence or sexual
assault is raised as a defense, the court shall have the
discretion to evict the resident accused of the violation,
while allowing the tenancy of the remainder of the residents to
continue undisturbed.
K. In [any] an action for possession [under ]
pursuant to Subsection I of this section, it shall be a defense
that the resident did not know of, and could not have
reasonably known of or prevented, the commission of a
substantial violation by [any other ] another person in the
dwelling unit or on the premises.
L. In [an] any action for possession [under ]
pursuant to Subsection I of this section, it shall be a defense
that the resident took reasonable and lawful actions in defense
of [himself] the resident, others or [his] the resident's
property.
M. In [any] an action for possession [under ]
pursuant to Subsection I of this section, if the court finds
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that the action was frivolous or brought in bad faith, the
petitioner shall be subject to a civil penalty equal to two
times the amount of the monthly rent, plus damages and costs."
SECTION 2. A new section of the Uniform Owner-Resident
Relations Act is enacted to read:
"[NEW MATERIAL] NO PENALTY TERMINATION OF RENTAL
AGREEMENT.--
A. A resident may terminate a rental agreement if
the resident provides to the owner written notice that the
resident is the victim of domestic violence or sexual assault
that occurred in the dwelling unit or on the premises. In that
case, the resident's rights and obligations pursuant to the
rental agreement are terminated and the resident shall vacate
the dwelling unit and avoid liability for future rent and shall
not incur early termination penalties or fees if the resident
provides to the owner a written notice requesting release from
the rental agreement with a mutually agreed on release date
within the next thirty days, accompanied by at least one of the
following:
(1) a copy of a protective order issued to the
resident who is a victim of domestic violence or sexual
assault; or
(2) a letter or form from a provider of
services for victims of domestic violence or sexual assault
that states that the resident is a victim of domestic violence
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or sexual assault in the dwelling unit or on the premises.
B. The resident may terminate the rental agreement
pursuant to this section only if the actions, events or
circumstances that resulted in the resident being a victim of
domestic violence or sexual assault occurred within the thirty-
day period immediately preceding the written notice of
termination to the owner unless the thirty-day limitation is
waived by the owner.
C. If the resident terminates the rental agreement
as prescribed by this section and if the resident is solely or
jointly liable on the rental agreement, the resident is liable
only for rent owed or paid through the date of the rental
agreement termination plus previous obligations outstanding on
that date. The amount due from the resident shall be paid to
the owner on or before the date the resident vacates the
dwelling unit. If the resident has prepaid rent that would
apply for the month in which the rental agreement is
terminated, the owner may retain the prepaid rent and no refund
is due to the resident. If the resident has paid a security
deposit, the owner shall not withhold the security deposit for
the early termination of the rental agreement if the resident
meets the requirements prescribed by Subsection A of this
section, but may withhold the security deposit for payment of
damages that the landlord suffered by reason of the resident's
damage to or failure to maintain the premises.
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D. An owner who installs a new lock at the
resident's request may retain a copy of the key that opens the
new lock. Notwithstanding any provision in the rental
agreement, the owner may refuse to provide a key that opens the
new lock to the person alleged to have committed domestic
violence or sexual assault in an order of protection or a
letter or form pursuant to Subsection A of this section.
E. An owner shall refuse to provide access to the
dwelling unit to reclaim property to a resident if the resident
is the person alleged to have committed domestic violence or
sexual assault against another resident in an order of
protection or a letter or form pursuant to Subsection A of this
section and who has been served with an order of protection
naming that resident as the defendant, and the owner has
received a copy of the order of protection, unless a law
enforcement officer escorts the resident into and out of the
dwelling unit.
F. A resident who terminates a rental agreement
pursuant to this section and who is convicted of falsely filing
an order of protection for domestic violence or sexual assault
is liable to the owner for treble damages for premature
termination of the rental agreement.
G. A person alleged to have committed domestic
violence or sexual assault in an order of protection or a
letter or form pursuant to Subsection A of this section who
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provokes an early termination of a rental agreement pursuant to
this section is deemed to have interfered with the rental
agreement between the owner and resident regardless of whether
the person named in an order of protection or a letter or form
pursuant to Subsection A of this section is a party to the
rental agreement, and the person named in an order of
protection or a letter or form pursuant to Subsection A of this
section may be civilly liable for all economic losses incurred
by an owner and for the domestic violence or sexual assault
early termination of the rental agreement. This civil
liability includes unpaid rent, early termination fees, costs
to repair damage to the premises and reductions or waivers of
rent previously granted to the resident who was the victim of
domestic violence or sexual assault.
H. If there are multiple residents who are parties
to a rental agreement that has been terminated pursuant to this
section, the tenancy for those residents also terminates. The
residents who are not the victims of domestic violence or
sexual assault, excluding the person alleged to have committed
domestic violence or sexual assault in an order of protection
or a letter or form pursuant to Subsection A of this section
that caused the termination of the rental agreement pursuant to
this section, may be released from financial obligations due
pursuant to the previously existing rental agreement and the
remaining residents may be allowed to enter into a new rental
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agreement with the owner if the residents meet all current
application requirements.
I. An emergency order of protection or a protective
order that is issued to a resident of a rental property
automatically applies to the entire residential rental property
in which the resident has a rental agreement."
SECTION 3. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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