The 1987 amendment, effective June 19, 1987, substituted "Section 47-8-23 NMSA
1978" for "Section 23 of the Uniform Owner-Resident Relations Act" in Subsection A(2)
and added Subsection F.
Loss of use damages are available for reparable property, but not for completely
destroyed property. Behrens v. Gateway Court, L.L.C., 2013-NMCA-097, cert.
granted, 2013-NMCERT-009.
Loss of use damages are not available for completely destroyed property. —
Where plaintiff rented a mobile home unit from defendant; a fire destroyed the mobile
home and its contents; and the fire was caused by an electrical short in the wiring of an
old air conditioner that had been left under the porch of the mobile home when
defendant installed a new air conditioner in the mobile home, plaintiff was not entitled to
loss of use damages for plaintiff’s completely destroyed property. Behrens v. Gateway
Court, L.L.C., 2013-NMCA-097, cert. granted, 2013-NMCERT-009.
Owners required to supply heat, unless specific legal objection. — The legislature
intended to require owners to provide reasonable heat, unless they could show some
specific law exempting them from the requirement. T.W.I.W., Inc. v. Rhudy, 1981-
NMSC-062, 96 N.M. 354, 630 P.2d 753.
Subsection (A)(6) places burden upon owner to show that a law exists which
exempts him from providing reasonable heat for the resident. T.W.I.W., Inc. v. Rhudy,
1981-NMSC-062, 96 N.M. 354, 630 P.2d 753.
Loose dogs as unsafe condition. — Under the right circumstances, dogs roaming
loose upon the common grounds of a government-operated residential complex could
represent an unsafe condition. Castillo v. County of Santa Fe, 1988-NMSC-037, 107
N.M. 204, 755 P.2d 48.