Abatement not allowed. — Tenants were not entitled to abate rent where the tenants
were living on the premises continuously until the fire and the premises were not
uninhabitable for any of the 17 months the tenants had not paid rent; moreover, the trial
court did not err in granting a directed verdict on the claim of retaliation because there
was no issue of retaliation in response to rent abatement if there was no right to abate.
Hedicke v. Gunville, 2003-NMCA-032, 133 N.M. 335, 62 P.3d 1217, cert. denied, 133
N.M. 413, 63 P.3d 516.