N.M. Stat. » Chapter 47 — Property Law
New Mexico Statutes

N.M. Stat. § 47-8-6 (2026)

Recovery of damages

✓ current as of May 2026
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A. The remedies provided by the Uniform Owner-Resident Relations Act shall be so administered that the aggrieved party may recover damages as provided in the Uniform Owner-Resident Relations Act. The aggrieved party has a duty to mitigate damages.

B. Any right or obligation declared by the Uniform Owner-Resident Relations Act is enforceable by action unless the provision declaring it specifies a different and limited effect.

History: 1953 Comp., § 70-7-6, enacted by Laws 1975, ch. 38, § 6.

ANNOTATIONS

Cross references. — For inapplicability of general forcible entry or detainer provisions to actions by landlord, see 35-10-2 NMSA 1978.

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 Development § 17.

Right and duty of lessor of advertising space to relet in order to minimize damages from lessee's breach, 35 A.L.R. 1536.

Recovery of expected profits lost by lessor's breach of lease, 92 A.L.R.3d 1286.

Tenant's recovery of damages for emotional distress under Uniform Residential Landlord and Tenant Act, 6 A.L.R.4th 528.

What constitutes willfulness or malice justifying landlord's collection of statutory multiple damages for tenant's wrongful retention of possession, 7 A.L.R.4th 589.

Respective rights in excess rent when landlord relets at higher rent during lessee's term, 50 A.L.R.4th 403.

Landlord's duty, on tenant's failure to occupy, or abandonment of, premises, to mitigate damages by accepting or procuring another tenant, 75 A.L.R.5th 1.

51C C.J.S. Landlord and Tenant §§ 247(2), 250(2).

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1997–2023 · leading case: White v. Farris, 2021 NMCA 014 (N.M. Ct. App. 2021).
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White v. Farris, 2021 NMCA 014 (N.M. Ct. App. 2021). “See § 47-8-6(B) (“Any right or obligation declared by the [UORRA] is enforceable by action unless the provision declaring it specifies a different and limited effect.”
Austin Hill Country Realty, Inc. v. Palisades Plaza, Inc., 948 S.W.2d 293 (Tex. 1997). “2d 309, 314 (1991) (commercial); N.M.Stat.Ann. § 47-8-6 (Michie 1978) (residential); Isbey v.”
Crockett v. Northland Links, LLC (N.M. Ct. App. 2023). · cites it 4× “” Section 47-8-6(A)-(B). {7} There is no language in Sections 47-8-2 and 47-8-6(A)-(B) restricting a party’s ability to bring an action for damages under UORRA to those instances in which eviction proceedings have been initiated.”
— N.M. Stat. § 47-8-6(A) — 1 case
Crockett v. Northland Links, LLC (N.M. Ct. App. 2023). “” Section 47-8-6(A)-(B). {7} There is no language in Sections 47-8-2 and 47-8-6(A)-(B) restricting a party’s ability to bring an action for damages under UORRA to those instances in which eviction proceedings have been initiated.”
— N.M. Stat. § 47-8-6(B) — 2 cases
White v. Farris, 2021 NMCA 014 (N.M. Ct. App. 2021). “See § 47-8-6(B) (“Any right or obligation declared by the [UORRA] is enforceable by action unless the provision declaring it specifies a different and limited effect.”
Crockett v. Northland Links, LLC (N.M. Ct. App. 2023). “” Section 47-8-6(A)-(B). {7} There is no language in Sections 47-8-2 and 47-8-6(A)-(B) restricting a party’s ability to bring an action for damages under UORRA to those instances in which eviction proceedings have been initiated.”
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