Unless displaced by the provisions of the Uniform Owner-Resident Relations Act,
the principles of law and equity, including the law relating to capacity to contract,
mutuality of obligations, equitable abatement, principal and agent, real property, public
health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion,
mistake, bankruptcy or other validating or invalidating cause supplement its provisions.
History: 1953 Comp., § 70-7-4, enacted by Laws 1975, ch. 38, § 4; 1995, ch. 195, § 3.
ANNOTATIONS
The 1995 amendment, effective July 1, 1995, inserted "equitable abatement" near the
middle of the section.
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. — 40 Am. Jur. 2d Housing Laws and
Urban Redevelopment § 17.
Farmland cultivation arrangement as creating status of landlord-tenant or landowner-
cropper, 95 A.L.R.3d 1013.
Notes of Decisions
Cited in
10
cases (
4 in the last 5 years), 1989–2023 · leading case:
White v. Farris, 2021 NMCA 014 (N.M. Ct. App. 2021).
White v. Farris, 2021 NMCA 014 (N.M. Ct. App. 2021).
· cites it 3× “An owner who refuses to provide an evicted resident with reasonable access to the property during that time is liable to the resident under principles governing a wrongful refusal to return another’s property at common law. See § 47-8-6(B) (“Any right or obligation declared by…”
Hedicke v. Gunville, 62 P.3d 1217 (N.M. Ct. App. 2002).
· cites it 2× “We note at the outset that the UORRA expressly states that the principles of law and equity, including the capacity to contract, supplement the statute unless the statute displaces those principles.”
Roser v. Hufstedler, 531 P.3d 615 (N.M. Ct. App. 2023).
· cites it 2× “See NMSA 1978, § 47-8-4 (1995) (providing that principles of law, including the law relating to capacity to contract, supplement UORRA, unless UORRA displaces those principles); see also Hedicke, 2003-NMCA-032, ¶¶ 25, 27 (looking to the language of UORRA and the rental agreement…”
Casa Blanca Mobile Home Park v. Hill, 1998 NMCA 094 (N.M. Ct. App. 1998).
· cites it 8× “They rely on Section 47-8-4, which states: Unless displaced by the provisions of the [UORRA], the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, equitable abatement, principal and agent, real property, public health,…”
Ramirez-Eames v. Hover, 775 P.2d 722 (N.M. 1989).
· cites it 4× “Section 47-8-4 provides that common law principles of law and equity supplement the provisions of the Act, except insofar as displaced by its other provisions.”
Coughlin v. CAI, LLC (N.M. Ct. App. 2014).
· cites it 4× “Although this Court is aware that Section 47-8-4 of the Owner- 12 Resident Relations Act provides that, “[u]nless displaced .”
Roser v. Hufstedler (N.M. Ct. App. 2023).
· cites it 2× “See NMSA 1978, § 47-8-4 (1995) (providing that 2 principles of law, including the law relating to capacity to contract, supplement 3 UORRA, unless UORRA displaces those principles); see also Hedicke, 2003- 4 NMCA-032, ¶¶ 25, 27 (looking to the language of UORRA and the rental…”
J Rogers v. M Leatherwood (N.M. Ct. App. 2009).
· cites it 2× “To the extent that Tenants argue that the award of attorney 3 1 fees to Landlords violates principles of law and equity as referenced in NMSA 1978, 2 Section 47-8-4 (1995) [MIO 2], we disagree.”
Gould v. Gould (N.M. Ct. App. 2014).
· cites it 2× “Based on its ruling 3 regarding the MSA as a rental agreement and relying on Section 47-8-4 of the Act, 4 which states that “[u]nless displaced by the provisions of the .”
Crockett v. Northland Links, LLC (N.M. Ct. App. 2023).
“See § 47-8-4 (stating that the “law relating to capacity to contract” supplements the provisions of UORRA unless otherwise displaced); see also Roser v.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.