47-8-38. Injunctive relief.
A. 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, reasonable attorney's fees and court costs.
B. If the owner makes an unlawful entry or a lawful entry in an unreasonable
manner or makes repeated demands for entry otherwise lawful but which have the
effect of unreasonably harassing the resident, 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 and reasonable attorney's fees.
History: 1953 Comp., § 70-7-38, enacted by Laws 1975, ch. 38, § 38.
ANNOTATIONS
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. — Injunction to prevent tenant in arrears
for rent from removing chattels or improvements not constituting fixtures, 53 A.L.R. 294.
Right to specific performance, or injunction against breach, of lease or sublease or of
contract to make lease as affected by right of complainant to cancel lease before
expiration of term for which other party is bound, 117 A.L.R. 256.
Injunction in respect of property as covering action for rent or for use or occupation, 155
A.L.R. 844.
52A C.J.S. Landlord and Tenant § 774.