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Overview
New Mexico does not have specific mold legislation. However, tenants are protected under the Uniform Owner-Resident Relations Act (UORRA), codified in NMSA 1978, Chapter 47, Article 8. This Act establishes a statutory implied warranty of habitability requiring landlords to maintain rental properties in safe and habitable condition. While mold is not specifically mentioned in the statute, mold conditions that affect health and safety fall under the general habitability requirements that landlords must address. [New Mexico Uniform Owner-Resident Relations Act - NMSA 47-8-1]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
Tenants have the right to a rental unit that meets basic habitability standards including running water, hot water, reasonable heat, and premises kept in safe condition. Landlords must make repairs necessary to maintain safe conditions as required by applicable law.
Right to Rent Abatement
If the landlord fails to remedy habitability issues within seven days of written notice, tenants may abate (reduce) rent by one-third of the pro-rata daily rent for each day the conditions remain unrepaired. If the dwelling is uninhabitable and the tenant cannot occupy it, the tenant may withhold 100% of the rent until the breach is cured.
Landlord Responsibilities
Maintain Safe Premises
Landlords must make repairs and do whatever is necessary to put and keep the premises in a safe condition as provided by applicable law. This includes addressing conditions that could affect tenant health and safety, such as mold growth caused by water intrusion or plumbing leaks.
Maintain Common Areas
Landlords must keep all common areas of the premises in a safe condition. This includes hallways, stairways, laundry rooms, and other shared spaces in multi-unit buildings.
Remedies Available to Tenants
Rent Withholding
Available: Tenants may abate (withhold) rent if the landlord fails to remedy habitability violations within seven days of written notice. The tenant may withhold one-third of the pro-rata daily rent for each day the conditions remain unrepaired. If the dwelling is completely uninhabitable and the tenant does not occupy it, the tenant may withhold 100% of the rent until the breach is cured. The right to abatement does not apply to failures or defects in amenities. Tenants should document the condition and keep copies of all notices sent to the landlord.
Repair and Deduct
Not Available: New Mexico does not have a statutory repair-and-deduct remedy. Tenants are not permitted to make repairs themselves and deduct the cost from rent. Instead, tenants must use the rent abatement provisions under NMSA Section 47-8-27.2 or the lease termination provisions under Section 47-8-27.1 when landlords fail to make necessary repairs.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in New Mexico
Understanding New Mexico's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Arid Desert Climate with Monsoon Season
Most of New Mexico has an arid climate with limited rainfall, making the region highly susceptible to drought and water scarcity. However, the North American Monsoon season (typically June-September) brings significant rainfall to central and western New Mexico. The 2025 monsoon began in late June, bringing helpful rains to drought-stricken areas but also dangerous flooding.
Low Baseline Risk with Monsoon Spikes
New Mexico's arid climate generally results in lower mold risk compared to humid states. However, monsoon season brings sudden moisture that can catch dry buildings off guard. No federal, state, or city codes exist in New Mexico defining or regulating the limits of mold, according to the City of Albuquerque Environmental Health Department.
Long-Term Aridification
New Mexico's drought is evolving into long-term aridification and desertification. The trend toward aridity will amplify the impacts of future droughts by changing underlying climatic conditions. While monsoon rain may temporarily mitigate fire activity, it won't significantly alleviate long-term dryness. Farms, cities, and water resources face growing risk.
Extreme Weather Events
New Mexico has experienced an onslaught of extreme weather events, with some weeks bringing a devastating combination of wildfires and floods driven by drought and tropical storms. Remnant tropical systems from the eastern Pacific can be especially productive for rainfall, potentially causing flash flooding and subsequent water damage to homes.
Common Mold Types in New Mexico
New Mexico's arid climate generally results in lower mold risk, but monsoon season (June-September) brings sudden moisture that can catch dry buildings off guard. Evaporative coolers common in New Mexico homes add significant indoor humidity, creating year-round mold risks.
Cladosporium
Found in New Mexico homes with evaporative coolers and areas where monsoon moisture accumulates.
Alternaria
Thrives during monsoon season and in areas affected by flash flooding. Common allergen in the Southwest.
Aspergillus
Grows in homes using swamp coolers which add significant indoor moisture during summer months.
Penicillium
Found on water-damaged materials after monsoon flooding or roof leaks from intense thunderstorms.
Coccidioides (Valley Fever fungus)
Soil-dwelling fungus endemic to New Mexico's desert regions that causes Valley Fever when spores are inhaled.
Mold Professional Requirements in New Mexico
Implied Warranty of Habitability
New Mexico courts have held that there is no judicial implied warranty of habitability, but the Legislature enacted the statutory Uniform Owner-Resident Relations Act which creates habitability requirements. Under NMSA Section 47-8-20, landlords must make repairs and do whatever is necessary to put and keep the premises in a safe condition, maintain electrical, plumbing, sanitary, heating, ventilating, and air conditioning systems in good and safe working order, supply running water and hot water at all times, and provide reasonable heat. Mold that affects health and safety would fall under the requirement to keep premises in a safe condition. [New Mexico Statutes Section 47-8-20 - Obligations of Owner]
Mold Disclosure Requirements
Local Regulations
Some cities in New Mexico have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full New Mexico mold law details.
Albuquerque, NM
Local mold risks, prevention priorities, and next steps for Albuquerque.
Las Cruces, NM
Local mold risks, prevention priorities, and next steps for Las Cruces.
Rio Rancho, NM
Local mold risks, prevention priorities, and next steps for Rio Rancho.
Santa Fe, NM
Local mold risks, prevention priorities, and next steps for Santa Fe.
Roswell, NM
Local mold risks, prevention priorities, and next steps for Roswell.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in New Mexico.
New Mexico Mortgage Finance Authority Home Repair
Provides home repair loans and assistance for low-income New Mexico homeowners including repairs related to moisture and mold issues.
Eligibility: Low-income homeowners at or below 80% AMI
Phone: 505-843-6880Learn More →
USDA Section 504 Home Repair Program
Provides loans and grants to very low-income homeowners in rural New Mexico for essential repairs including mold remediation.
Eligibility: Very low-income homeowners in rural areas (below 50% AMI)
Coverage: Grants up to $10,000 for elderly homeowners; loans up to $40,000 at 1% interest
New Mexico Legal Aid Housing Assistance
Provides free legal assistance to low-income New Mexico residents with housing issues including landlord-tenant disputes over mold.
Eligibility: Low-income New Mexico residents
Phone: 1-833-545-4357Learn More →
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does New Mexico have specific mold laws for rental properties?
No, New Mexico does not have specific mold legislation. There are no state laws defining mold limits, requiring mold testing, or mandating mold disclosure. However, mold conditions that affect health and safety fall under the general habitability requirements of the Uniform Owner-Resident Relations Act (NMSA 47-8-20), which requires landlords to maintain premises in safe condition.
What are my rights as a tenant if my rental has a mold problem in New Mexico?
Under the Uniform Owner-Resident Relations Act, you have the right to request repairs in writing, abate (reduce) rent by one-third per day if repairs are not made within seven days, terminate your lease if the mold makes the unit uninhabitable and the landlord fails to remedy it within seven days of notice, and sue for damages and injunctive relief. You are also protected from landlord retaliation for exercising these rights.
Can I withhold rent if my New Mexico landlord refuses to fix a mold problem?
Yes, but you must follow specific procedures. First, provide written notice to your landlord specifying the conditions needing repair. If the landlord does not remedy the problem within seven days, you may abate (reduce) your rent by one-third of the daily rate for each day the condition continues. If the dwelling is completely uninhabitable and you cannot live there, you may withhold 100% of rent until the issue is fixed.
Official Resources
These official resources can help you understand your rights and take action: