Corinne Holt | Aug 01 2025 21:00

Landlord vs. Tenant Responsibility for Unsafe Conditions

Why this issue matters—and how Holt Law helps

 

When a rental home becomes unsafe, the fallout is immediate: injuries, missed work, medical bills, and fear that speaking up could cost you your housing. At Holt Law, we help New Mexicans understand who is legally responsible for fixing dangerous conditions—and we hold the right party accountable when negligence causes harm. Our goal is to make your home safe and to recover compensation if an injury has already occurred.

 

What do “unsafe conditions” and “responsibility” mean?

 

Unsafe conditions are hazards that materially affect health or safety—think broken stairs, exposed wiring, gas leaks, black mold, pest infestations, missing locks or lighting in common areas, or a lack of heat/hot water.


In New Mexico, landlords (called “owners” in the statute) must keep rentals habitable and safe, which includes meeting housing codes, making necessary repairs, maintaining common areas, and keeping essential systems (electrical, plumbing, heat, hot water) in working order. Tenants (“residents”) must keep their unit clean and safe, use systems properly, and avoid damaging the property. 

 

Why this matters to you: legal, financial, and personal consequences

 

  • Health & safety: Hazards can cause falls, fires, respiratory illness, assaults (when security is inadequate), and more.
  • Financial impact: Medical bills, lost wages, out-of-pocket costs for temporary lodging or DIY fixes.
  • Legal exposure: If you’re a tenant, you shouldn’t be blamed for conditions the landlord is required to fix. If you’re a landlord, ignoring known dangers can lead to injury claims and penalties.
  • Stress & uncertainty: Families deserve stability—especially when kids, elders, or disabled loved ones are in the home.

 

 

How New Mexico law divides responsibility

 

Landlord duties (core highlights)

 

Landlords must:

 

  • Substantially comply with minimum housing codes that affect health and safety.
  • Make repairs and keep the premises safe.
  • Maintain common areas.
  • Keep electrical, plumbing, sanitary, heating/AC systems in safe working order.
  • Provide running water, hot water, and reasonable heat(unless the unit’s systems are solely under the tenant’s control).

 

 

Tenant duties (core highlights)

 

Tenants must:

 

  • Comply with applicable housing codes that affect health/safety.
  • Keep their area clean and safe; dispose of garbage properly.
  • Use facilities and systems reasonably; avoid damage or illegal activity.
  • Not disturb neighbors’ quiet enjoyment.

 

 

Bottom line: Landlords handle structure, systems, and common areas; tenants handle day-to-day cleanliness and reasonable use. The State Courts’ overview of New Mexico’s Owner-Resident Relations Act (UORRA) explains these roles at a high level.

 

Step-by-step: What to do when your rental isn’t safe

 

  1. Document the hazard immediately.
    Take clear photos/video, note dates, collect witness names, and keep copies of inspection notices or code complaints.

  2. Send a written notice to the landlord.
    Describe the problem, its location, how it affects safety, and request repairs by a reasonable deadline. Keep proof of delivery (email + certified mail when possible).

  3. Know the 7-day rule for serious issues.
    For conditions that materially affect health or safety, New Mexico law generally gives the landlord seven days after written notice to make a reasonable repair attempt. If they don’t, tenants may pursue remedies like rent abatement (a temporary, formula-based reduction) or, in some cases, termination—depending on the situation and statute. 

  4. Preserve evidence of noncompliance.
    Keep all communications, failed repair invoices, and follow-up photos showing the hazard persists.

  5. Avoid “self-help” that could backfire.
    Don’t withhold rent or repair-and-deduct without legal guidance; these remedies have specific rules and missteps can risk eviction. Ask an attorney to review your options under UORRA before acting.

  6. If someone is injured, seek medical care and legal help.
    Get treatment and call Holt Law. We’ll evaluate a premises liability claim against the landlord (or another responsible party) and coordinate insurance issues.

 

 

Common examples and who’s usually responsible

 

  • Broken stairs/handrails in a shared hallway → Typically landlord (unsafe common area and structural defect).
  • No heat or hot water → Typically landlord (essential services).
  • Black mold from a long-standing roof or plumbing leak → Often landlord (repairs and systems), unless tenant misuse caused the leak.
  • Loose carpet or floors inside the unit → Usually landlord (maintaining safe conditions), though tenant-caused damage can shift costs.
  • Pest infestations (roaches, rats) → Often landlord when building-wide or structural; tenant may share responsibility if poor housekeeping contributed.
  • Inadequate locks/lighting in a parking lot leading to assault → Often landlord (security in common areas), potentially a negligent security claim.
  • Overflowing trash due to tenant behavior → Tenant responsibility (duty to dispose properly).

 

 

Every case is fact-specific. We investigate cause, control, notice, and whether housing codes were violated.

 

Issues tenants often face (and how to handle them)

 

  • “We’ll get to it next month.” Unreasonable delay after written notice on a health/safety issue can trigger remedies under the Act, including rent abatement or termination depending on facts. We help you use the statute correctly.
  • Blame-shifting. Landlords may claim the tenant caused the hazard. Thorough documentation and expert opinions (e.g., a plumber’s report) can resolve disputes.
  • Retaliation fears. New Mexico law prohibits landlord retaliation for good-faith complaints; we can advise on how to assert rights safely.
  • Withholding rent without guidance. Doing so improperly risks eviction. Talk to us before taking action so your remedy aligns with the statute.
  • Injury after prior complaints. Prior written notices and code violations can be powerful evidence of negligence in an injury claim.

 

 

Issues landlords often face (and why legal clarity helps)

 

  • Unclear or vague tenant complaints. A clear, trackable work order system helps show prompt, reasonable repair attempts.
  • Tenant-caused damage. Landlords remain responsible for habitability but can recover for tenant-caused damages; separating cause from consequence is key.
  • Vendors and timelines. Documenting bids, supply delays, and interim safety measures shows good-faith compliance with the 7-day cure concept for serious issues.

 

 

How Holt Law helps—investigation, evidence, and results

 

  • Statutory roadmap. We apply New Mexico’s UORRA to your facts—pinpointing duties under §§ 47-8-20 (owner obligations) and 47-8-22 (resident obligations), and the notice/abatement framework in §§ 47-8-27.1 and 47-8-27.2.
  • Code & habitability analysis. We compare conditions to local housing codes and “materially affecting health or safety” standards.
  • Evidence building. Photos, unit inspections, repair logs, expert reports, and witness statements.
  • Claims & negotiation. We pursue landlord liability for injuries (premises liability/negligent security) and enforce tenant remedies, aiming to fix hazards and recover damages (medical costs, lost wages, pain and suffering).
  • Litigation readiness. When needed, we file suit to stop delay, seek injunctions, and demand full compensation.

 

 

Practical checklist (print or save)

 

If you’re a tenant:

 

  • Photograph and video the hazard (and any injuries).
  • Send written notice with a detailed, dated description; keep delivery proof.
  • Track repairs, contractor visits, and communications.
  • Save medical records/bills if anyone is injured.
  • Do not withhold rent or repair-and-deduct without legal advice.

 

 

If you’re a landlord:

 

  • Acknowledge written complaints in writing.
  • For health/safety issues, act within the 7-day window when possible and document efforts.
  • Use licensed vendors; keep invoices and time-stamped photos.
  • Communicate interim safety measures (e.g., temporary heaters, caution tape, security lighting).

 

 

Frequently asked questions

 

If my landlord won’t fix a serious hazard after written notice, can I reduce rent?
Possibly. New Mexico’s abatement statute allows measured rent reductions in qualifying cases after the 7-day cure period, but rules are technical—get legal guidance first.

 

Can I terminate my lease over dangerous conditions?
For material noncompliance affecting health/safety, termination may be an option after proper notice and cure opportunity. Don’t act without counsel; timing and wording matter. 

 

Who pays if I’m injured because of an unsafe common area?
If the landlord failed to meet statutory duties (e.g., lighting, stairs, railings), you may have a premises liability claim for your medical bills, lost wages, and more.

 

Will my landlord retaliate if I complain?
Retaliation is prohibited; we can help you assert rights safely and respond if it occurs.

 

Call Holt Law—get answers, get safe, and get compensated

 

Unsafe housing conditions shouldn’t put your family at risk—or your finances in ruin. Whether you’re a tenant harmed by a landlord’s neglect or a landlord facing a complex complaint, Holt Law can evaluate your rights under New Mexico law, secure prompt remedies, and pursue full compensation for injuries.

 

Call (505) 312-5353 or contact us online for a free consultation. We work on contingency for injury cases— no fee unless we win.

 

Proudly serving Albuquerque, Rio Rancho, Santa Fe, Las Cruces, Farmington, Roswell, Truth or Consequences, and communities across New Mexico.