Unsafe condition of common area. — Where a child went through a hole in the fence
around his apartment complex playground and was struck by a car and killed, the
landlord, who undertook to provide a playground for children in a potentially hazardous
area, was under a legal obligation to maintain the playground in a reasonably safe
condition, so that children playing on the playground would be unable to escape from
the playground and potentially be injured beyond its confines. Calkins v. Cox Estates,
1990-NMSC-044, 110 N.M. 59, 792 P.2d 36.
No right to complain about neighbors. — Section 47-8-39A(3) NMSA 1978 does not
bar an owner's otherwise proper action for possession of the premises after termination
of a month-to-month residency, where the owner is retaliating against the resident for
complaining about noisy neighbors. Casa Blanca Mobile Home Park v. Hill, 1998-
NMCA-094, 125 N.M. 465, 963 P.2d 542.
Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6
N.M.L. Rev. 293 (1976).
For annual survey of New Mexico law relating to property, see 13 N.M.L. Rev. 435
(1983).
For survey of 1990-91 tort law, see 22 N.M.L. Rev. 799 (1992).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Failure of landlord to make, or permit
tenant to make, repairs or alterations required by public authority as constructive
eviction, 86 A.L.R.3d 352.
Measure of damages for landlord's breach of implied warranty of habitability, 1
A.L.R.4th 1182.
Liability of owner or occupant of premises to fireman coming thereon in discharge of his
duty, 11 A.L.R.4th 597.
Applicability of exculpatory clause in lease to lessee's damages resulting from defective
original design or construction, 30 A.L.R.4th 971.