Housing Laws

If a tenant allowed someone in his/her home, and the person did something that was a “substantial violation” of the rental agreement, the landlord can usually evict the tenant after giving a three-day notice about this violation.¹ Read What is a “substantial violation” of the rental agreement? to understand what counts as a “substantial violation.” However, if you’re a victim of domestic violence, and the person who committed a substantial violation is the abuser, you have a defense against eviction.

If you have a temporary or extended domestic violence protection order, the judge cannot order your eviction based on the abuser’s actions in the rental home. You may have the protection order because of what the abuser did, which was a substantial violation of the lease, or because of past abuse.²

If you don’t have a protection order, you can still tell the judge about the domestic violence. Then, it will be up to the judge to decide whether or not to evict you.²

Note: In New Mexico, an eviction order is called a “writ of restitution.”³

¹ NM ST § 47-8-33(I)
² NM ST § 47-8-33(J)
³ See NM ST § 47-8-33(J)