47-8-31. Resident rights following fire or casualty.
A. If the dwelling unit or premises are damaged or destroyed by fire or casualty to
an extent that enjoyment of the dwelling unit is substantially impaired, the resident may:
(1) vacate the premises and notify the owner in writing within seven days
thereafter of his intention to terminate the rental agreement, in which case the rental
agreement terminates as of the date of vacating; or
(2) if continued occupancy is lawful, vacate any part of the dwelling unit
rendered unusable by the fire or casualty, in which case the resident's liability for rent is
reduced in proportion to the diminution in the fair rental value of the dwelling unit.
B. If the rental agreement is terminated, the owner shall return the balance, if any,
[of] prepaid rent and deposits recoverable under Section 18 [47-8-18 NMSA 1978] of
the Uniform Owner-Resident Relations Act. Accounting for rent, in the event of
termination or apportionment, is to occur as of the date of the vacation. Notwithstanding
the provisions of this section, the resident is responsible for damage caused by his
negligence.
History: 1953 Comp., § 70-7-31, enacted by Laws 1975, ch. 38, § 31.
ANNOTATIONS
Bracketed material. — The bracketed material was inserted by the compiler and is not
part of the law.
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. — 49 Am. Jur. 2d Landlord and Tenant §
759 et seq.
Condition of premises within the contemplation of provision of lease or statute for
cessation of rent or termination of lease in event of destruction of or damage to property
as result of fire, 118 A.L.R. 106, 61 A.L.R.2d 1445.