New Mexico Statutes

N.M. Stat. § 47-8-9 (2026)

Exemptions

✓ current as of May 2026

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Unless created to avoid the application of the Uniform Owner-Resident Relations Act, the following arrangements are exempted by that act:

A. residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, counseling, religious, educational when room and board are an entity or similar service;

B. occupancy under a contract of sale of a dwelling unit or the property of which it is part, if the occupant is the purchaser or a person who succeeds to his interest;

C. occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;

D. transient occupancy in a hotel or motel;

E. occupancy by an employee of an owner pursuant to a written rental or employment agreement that specifies the employee's right to occupancy is conditional upon employment in and about the premises; and

F. occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.

History: 1953 Comp., § 70-7-9, enacted by Laws 1975, ch. 38, § 9; 1995, ch. 195, § 4.

ANNOTATIONS The 1995 amendment, effective July 1, 1995, substituted "that" for "which" in the introductory sentence, and substituted "pursuant to a written rental or employment agreement that specifies the employee's" for "whose" in Subsection E.

Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 1995–2023 · 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). · cites it 3× “”); § 47-8-9(B) (“Unless created to avoid the application of the [UORRA], .”

Gracia v. Bittner, 900 P.2d 351 (N.M. Ct. App. 1995). · cites it 2× “Defendant took the position that the Act did not apply and notice was not required because Section 47-8-9 states that “the following arrangements are exempted by this act: .”

Crockett v. Northland Links, LLC (N.M. Ct. App. 2023). · cites it 12× “Crockett and Defendants; (2) Defendants failed to comply with UORRA’s notice requirement for terminating a lease after terminating Mr.”

— N.M. Stat. § 47-8-9(B) — 1 case

White v. Farris, 2021 NMCA 014 (N.M. Ct. App. 2021). “”); § 47-8-9(B) (“Unless created to avoid the application of the [UORRA], .”

— N.M. Stat. § 47-8-9(E) — 1 case

Crockett v. Northland Links, LLC (N.M. Ct. App. 2023). “Crockett and Defendants; (2) Defendants failed to comply with UORRA’s notice requirement for terminating a lease after terminating Mr.”

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