47-8-26. Delivery of possession.
A. At the time specified in the rental agreement for the commencement of
occupancy, the owner shall deliver possession of the premises to the resident in
compliance with the rental agreement and Section 47-8-20 NMSA 1978. The owner
may bring an action for possession against the resident or any person wrongfully in
possession and may recover the damages provided in Subsection F of Section 47-8-33
NMSA 1978.
B. If the owner fails to deliver possession of the premises to the prospective
resident as provided in Subsection A of this section, one hundred percent of the rent
abates until possession is delivered and the prospective resident may:
(1) upon written notice to the owner, terminate the rental agreement effective
immediately. Upon termination the owner shall return all prepaid rent and deposits; or
(2) demand performance of the rental agreement by the owner and, if the
prospective resident elects, maintain an action for possession of the premises against
any person wrongfully withholding possession and recover the damages sustained by
him and seek the remedies provided in Section 47-8-48 NMSA 1978.
C. If the owner makes reasonable efforts to obtain possession of the premises and
returns prepaid rents, deposits and fees within seven days of receiving a prospective
resident's notice of termination, the owner shall not be liable for damages under this
section.
History: 1953 Comp., § 70-7-26, enacted by Laws 1975, ch. 38, § 26; 1999, ch. 91, § 3.
ANNOTATIONS