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EspañolVictims of domestic violence may be protected from eviction.
Can my landlord evict me because of something the abuser did?
If you are a tenant and allow someone into your rented home, and this person does something that is a “substantial violation” of your rental agreement, the landlord may be able to evict you after giving a three-day notice about this violation.1 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 N.M. Stat. § 47-8-33(I)
2 N.M. Stat. § 47-8-33(J)
3 See N.M. Stat. § 47-8-46
If the abuser and I live together, can my landlord evict the abuser but allow me to stay?
If the abuser lives with you and does something that is a “substantial violation” of the lease, the landlord can evict him/her.1 Even if the abuser is evicted, you might still be able to stay in your home, for two reasons:
- The landlord may decide only to evict the abuser, and not try to evict you as well; or
- If the landlord does file to evict you based on the abuser’s acts, you may be protected from eviction if you meet the requirements explained in Can my landlord evict me because of something the abuser did?2
1 N.M. Stat. § 47-8-33
2 N.M. Stat. § 47-8-33(J)
What is a “substantial violation” of the rental agreement?
A “substantial violation” happens when someone breaks your rental agreement or building rules by doing one of the following things in your home, on the property, or within 300 feet of the property:
- having, using, selling, distributing, or making drugs (a “controlled substance”), except for misdemeanor possession and use;
- unlawfully using a deadly weapon;
- causing serious physical harm to someone;
- sexually assaulting or molesting someone;
- entering someone’s home or vehicle without permission and with the intent to steal or assault them;
- using or threatening to use force to steal or attempt to steal someone’s property; or
- intentionally or recklessly damaging property worth more than $1,000.1
1 N.M. Stat. § 47-8-3(V)
