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.
Notes of Decisions
City of Albuquerque v. Brooks, 844 P.2d 822 (N.M. 1992).
· cites it 4× “See Section 47-8-45. Further, because this case involves a public housing tenancy, federal regulations impose a “good cause” requirement upon local authorities before termination of a tenancy.”
White v. Farris, 2021 NMCA 014 (N.M. Ct. App. 2021).
“{51} Assuming for the sake of argument that the analyses set forth in Buckingham and Huckins would apply if Plaintiff had retained the $10,000 payment, see generally § 47-8-45 (providing that a defendant “may .”
Carol Rickert & Assocs. v. Law, 54 P.3d 91 (N.M. Ct. App. 2002).
· cites it 2× “See NMSA 1978, § 47-8-45 (1975) (stating that in response to petition for restitution, tenant may “assert any legal or equitable defense, setoff or counterclaim”).”
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