Landlord won't fix your heat or water? Send a letter. After 7 days, you can pay less rent.

When the heat quits in November or the water goes out, New Mexico’s renter law says your landlord has to fix it. Landlords must keep the heat and plumbing working and supply running water, hot water and reasonable heat. One exception: heat or hot water from equipment only you control, on your own utility hookup.

This explains the law. It is not legal advice.

Step 1: Put it in writing

A phone call doesn’t count. The law says you must give written notice. Write down what is broken and the date, deliver it, and keep a copy. Dated photos help. That letter starts a seven-day clock.

Step 2: After seven days, pay less or leave

If it still isn’t fixed seven days after your letter, you can hold back one-third of the daily rent for each day, counted from the day you gave notice. On $900 rent and a month with no fix, that’s about $300. If the place is unlivable and you moved out because of it, you can hold back all of it for those days.

Or your letter can say the lease ends on a date at least seven days away if the landlord makes no reasonable attempt to fix it. If the lease ends, you get back prepaid rent and the deposit you’re owed. You pick one: pay less or end the lease. None of this applies if you, your family or a guest caused the damage.

Don’t just stop paying without the letter. A landlord can still give you three days to pay or lose the lease and go to court. Call legal aid first.

Your landlord can’t punish you

For six months after you complain in writing or to the city, a landlord may not raise your rent, cut services or threaten eviction, as long as you’re following the lease. A landlord also can’t shut off your gas, water, heat or power to push you out.

In Albuquerque: 72 hours

A new city law, in effect since late June, covers rentals inside city limits:

• Tell your landlord first, then report to the city.
• A problem that endangers health or safety must be fixed in 72 hours.
• A bigger repair needs a city-approved plan. Missing its deadline costs the landlord $500, plus $500 a day.
• If a repair takes more than seven days, the landlord must pay to move you. If they don’t, the city can move you and bill the owner.

The city’s guide says a unit must stay at least 68 degrees and hot water must reach at least 110 degrees.

How to report

After your letter, call 311 or 505-768-2000, or use the 311 website or app. Say it’s a housing code complaint and ask for an inspection. Your complaint becomes a public record and the city will contact your landlord. You can report anonymously, but then inspectors can’t follow up with you.

Free help

New Mexico Legal Aid: 1-833-LGL-HELP (1-833-545-4357). The Metropolitan Court Self-Help Center, 401 Lomas NW, Room 210, 505-841-9817, helps with landlord disputes and forms. Its staff aren’t lawyers and can’t give legal advice.