What NM law protects against illegal eviction with a verbal payment agreement?

Question

I had a verbal agreement with my landlord when I signed the lease that I would have 30 days to arrange payment for the damage deposit. My landlord refused to sign the necessary paperwork to facilitate the payment despite confirming to the judge that he would. On September 3rd, the judge granted an eviction against me but stated that if I showed payment by September 10th, she would overturn the eviction. I have a witness to the proceedings, and my lease has no written modifications. I also fulfilled additional requests, such as constructing a $350 dog run for my emotional support dog. What New Mexico statute or law could protect me from this situation and potentially help reverse the eviction?

James L. Arrasmith · Answer

In New Mexico, tenants are protected against illegal eviction under the **Residential Landlord and Tenant Act (RLTA), NMSA 1978, Sections 47-8-1 through 47-8-51**. This law requires landlords to follow proper legal procedures for eviction and generally prohibits self-help evictions, like changing locks or forcing a tenant out without a court order. Even a verbal agreement regarding payment arrangements can be considered if you have evidence, such as a witness or communications confirming the arrangement. 
 
Since the judge indicated the eviction could be overturned if payment was made by a certain date, documenting your timely compliance is key. Keep proof of payment, any construction or improvements you made at the landlord’s request, and witness statements from the hearing. These can support your claim that you acted in good faith and that the eviction may have been improperly executed or avoidable. 
 
You may be able to file a motion to **reopen or vacate the eviction** based on your payment and evidence of the verbal agreement. Cite the RLTA’s protections against improper eviction and your efforts to meet the judge’s conditions. Maintaining clear documentation and showing that you fulfilled all agreed-upon obligations strengthens your position to reverse the eviction.

Q: What NM law protects against illegal eviction with a verbal payment agreement?