E. If the resident refuses to allow lawful access, the owner may obtain injunctive
relief to compel access or terminate the rental agreement. In either case, the owner may
recover damages.
F. If the owner makes an unlawful entry, or a lawful entry in an unreasonable
manner, or makes repeated demands for entry that are otherwise lawful but that have
the effect of unreasonably interfering with the resident's quiet enjoyment of the dwelling
unit, the resident may obtain injunctive relief to prevent the recurrence of the conduct or
terminate the rental agreement. In either case, the resident may recover damages.
History: 1953 Comp., § 70-7-24, enacted by Laws 1975, ch. 38, § 24; 1995, ch. 195, §
10.
ANNOTATIONS
The 1995 amendment, effective July 1, 1995, in Subsection A, inserted "and notice
provisions as provided in this section" near the beginning, substituted "; provided that:"
for a period at the end of the introductory paragraph, added Paragraphs (1) to (3); in
Subsection D, added "or if the resident has been absent from the premises more than
seven days, as permitted in Section 47-8-34 NMSA 1978" at the end and made minor
stylistic changes; and added Subsections E and F.
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. — 51C C.J.S. Landlord and Tenant § 318.