English
EspañolVictims of domestic violence may be protected from eviction.
Can my landlord evict me because of something the abuser did?
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 N.M. Stat. § 47-8-33(I)
2 N.M. Stat. § 47-8-33(J)
3 See N.M. Stat. § 47-8-33(J)
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 significantly breaks the lease or building rules, known as committing a “substantial violation” of the lease, the landlord can evict him/her.1 Read What is a “substantial violation” of the rental agreement? to understand what counts as a “substantial violation” of the lease. Even if the abuser is evicted, you might still be able to stay in your home for two reasons. First, the landlord may decide only to evict the abuser, and not try to evict you as well. Second, 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 NM ST § 47-8-33
2 NM ST § 47-8-33(J)
What is a “substantial violation” of the rental agreement?
A “substantial violation” happens when someone breaks the rental agreement or building rules by doing specific things in your home, on the property, or within 300 feet of the property. These actions include:
- possessing, 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 another person;
- sexually assaulting or molesting another person;
- entering someone else’s home or vehicle without permission and with intent to steal or assault;
- using or threatening to use force to steal or attempt to steal another person’s property; or
- intentionally or recklessly damaging property worth more than $1,000.1
1 NM ST § 47-8-3(T)
