47-8-27.2. Abatement.
A. If there is a violation of Subsection A of Section 47-8-20 NMSA 1978, other than
a failure or defect in an amenity, the resident shall give written notice to the owner of the
conditions needing repair. If the owner does not remedy the conditions set out in the
notice within seven days of the notice, the resident is entitled to abate rent as set forth
below:
(1) one-third of the pro-rata daily rent for each day from the date the resident
notified the owner of the conditions needing repair, through the day the conditions in the
notice are remedied. If the conditions complained of continue to exist without remedy
through any portion of a subsequent rental period, the resident may abate at the same
rate for each day that the conditions are not remedied; and
(2) one hundred percent of the rent for each day from the date the resident
notified the owner of the conditions needing repair until the date the breach is cured if
the dwelling is uninhabitable and the resident does not inhabit the dwelling unit as a
result of the condition.
B. For each rental period in which there is a violation under Subsection A of this
section, the resident may abate the rent or may choose an alternate remedy in
accordance with the Uniform Owner-Resident Relations Act. The choice of one remedy
shall not preclude the use of an alternate remedy for the same violation in a subsequent
rental period.