47-8-45. Legal or equitable defense.
On or before the day fixed for his appearance, the defendant may appear and
answer and assert any legal or equitable defense, setoff or counterclaim.
History: 1953 Comp., § 70-7-45, enacted by Laws 1975, ch. 38, § 45.
ANNOTATIONS
Eviction subject to equitable defenses. — A court may find that a qualified indigent
tenant of public housing need not be evicted solely because adjudged liable for back
rent. Equitable principles may be applied to prevent eviction. City of Albuquerque v.
Brooks, 1992-NMSC-069, 114 N.M. 572, 844 P.2d 822.
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. — Rights and remedies of tenant upon
landlord's breach of covenant to repair, 28 A.L.R.2d 446.