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Right of Entry

Landlord/Tenant Tutorial for Judges in New Mexico

What right does the landlord have to enter the rental unit?

Under §47-8-24, the tenant shall consent to allow the landlord to enter the dwelling unit to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, prospective residents, workmen or contractors, provided that:

  1. the landlord must give the resident 24-hour written notification of the owner’s intention to enter, the purpose for entry and the date and estimate of the time frame of entry, unless otherwise agreed upon by the landlord and tenant;
  2. the landlord does not need to give notice to perform repairs or services within seven days of a request by the tenant or when the landlord is accompanied by a public official conducting an inspection or a cable television, electric, gas or telephone company representative; and
  3. the landlord should try to accommodate requests by the tenant for alternate times or dates for entry if practicable and without causing economic detriment to the owner.

In case of an emergency, the landlord may enter the premises without consent of the tenant. §47-8-24(B). Otherwise, the owner is not allowed to abuse this right of access and has no other right of access, except by court order, permission of the tenant, or if the resident has abandoned or surrendered the premises. §47-8-24(C) & (D).