47-8-6. Recovery of damages.
A. The remedies provided by the Uniform Owner-Resident Relations Act shall be so
administered that the aggrieved party may recover damages as provided in the Uniform
Owner-Resident Relations Act. The aggrieved party has a duty to mitigate damages.
B. Any right or obligation declared by the Uniform Owner-Resident Relations Act is
enforceable by action unless the provision declaring it specifies a different and limited
effect.
History: 1953 Comp., § 70-7-6, enacted by Laws 1975, ch. 38, § 6.
ANNOTATIONS
Cross references. — For inapplicability of general forcible entry or detainer provisions
to actions by landlord, see 35-10-2 NMSA 1978.
Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6
N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Housing Laws and
Urban Development § 17.
Right and duty of lessor of advertising space to relet in order to minimize damages from
lessee's breach, 35 A.L.R. 1536.
Recovery of expected profits lost by lessor's breach of lease, 92 A.L.R.3d 1286.
Tenant's recovery of damages for emotional distress under Uniform Residential
Landlord and Tenant Act, 6 A.L.R.4th 528.
What constitutes willfulness or malice justifying landlord's collection of statutory multiple
damages for tenant's wrongful retention of possession, 7 A.L.R.4th 589.
Respective rights in excess rent when landlord relets at higher rent during lessee's term,
50 A.L.R.4th 403.
Landlord's duty, on tenant's failure to occupy, or abandonment of, premises, to mitigate
damages by accepting or procuring another tenant, 75 A.L.R.5th 1.
51C C.J.S. Landlord and Tenant §§ 247(2), 250(2).