Bed bug liability in rental housing
Bed bug laws in New Mexico
Who pays for treatment?
Habitability law only
No bed bug statute, but one of the best-designed remedies anywhere and the shortest clock in this database — seven days. Give written notice of the conditions needing repair, and if the owner has not remedied them within seven days you may abate one-third of the pro-rata daily rent for every day from the date you gave notice until it is fixed. If the place becomes uninhabitable and you leave, abatement runs at one hundred percent. Crucially, choosing one remedy does not stop you using a different one for the same violation in a later rental period — so a recurring infestation does not exhaust your options the way it does in several other states. Subsidized tenants are protected too: abatement is measured against the FULL rent, not just your share.
- Who pays for treatment
- Owner, unless resident or guest caused it
- Landlord response deadline
- 7 days after written notice
- Disclosure before lease
- No
What the law actually says
Hiring someone in New Mexico? Check they are actually licensed for structural pest control before you pay a deposit. Verify a New Mexico exterminator →
What to do, in order
Photograph everything before you touch it
Live insects, shed skins, dark staining along the mattress seam. Timestamps are the evidence.
Notify the landlord in writing
Email or certified letter, never a phone call alone. Written notice is what starts the clock in every state that has one.
Do not throw out furniture yet
Discarded items can't be inspected, and moving them spreads the infestation down the hallway.
Let the deadline above run
Escalating before it expires generally forfeits the remedy.
Escalate to the housing agency, then to court
An independent inspection report is worth more than your own photographs. Rent withholding rules vary sharply — check the section above before you try it.
Read it yourself
Everything above was written by reading the sections named in the citation, not by summarizing another summary. You should not take our word for it — open the statute and check. Look up the section numbers quoted above.
The state's own legislature or code site. Search it for the section numbers quoted above — they are the whole basis for this page.
Last checked against the New Mexico code: . Statutes change every legislative session — if you are reading this long after that date, open the cited sections yourself before relying on them.
Not legal advice. This is a plain-language reference to publicly available statutes, verified against the New Mexico code. Liability turns on your lease, your local ordinance and your specific facts. Talk to a tenant attorney or legal aid before withholding rent or filing anything.