landlord new-mexico
Landlord entry into property - 24 hour notice
<p>New Mexico Statute <a href="https://codes.findlaw.com/nm/chapter-47-property-law/nm-st-sect-47-8-24.html" rel="nofollow noreferrer">§ 47-8-15</a> says:</p>
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<p><em>...the owner may enter the resident's dwelling unit pursuant to this subsection only after giving the resident twenty-four hours written notification of his intent to enter, the purpose for entry and the date and reasonable estimate of the time frame of the entry;</em></p>
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<p>Consider the case of renting a house with a fenced backyard. Is entry into the yard subject to 24 hour notice?</p>

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<p>Is entry into the yard subject to 24 hour notice?</p>
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<p>Most likely it is.</p>
<p>Note that <a href="https://codes.findlaw.com/nm/chapter-47-property-law/nm-st-sect-47-8-3.html" rel="nofollow noreferrer">section § 47-8-3</a> defines both <em>dwelling unit</em> and <em>premises</em>. The latter encompasses the term &quot;<em>appurtenances</em>&quot;, which the <a href="http://heimatundrecht.de/sites/default/files/dokumente/Black%27sLaw4th.pdf" rel="nofollow noreferrer">Black's Law Dictionary</a> defines, <em>inter alia</em>, as &quot;<em>an adjunct; an appendage; [...] garden [...]</em>&quot;.</p>
<p>At least in the context of <em>fenced</em> backyard, the fact that § 47-8-3 defines <em>dwelling unit</em> and <em>premises</em> separately does not exclude &quot;<em>premises</em>&quot; from the scope of § 47-8-15. That is because the fence is &quot;<em>a structure [...] or part of a structure [...] that is used as a home, residence</em>&quot;. Indeed, the existence of the fence suggests that the backyard is intended for only that tenant's exclusive use/enjoyment, with the implications it has on tenant's privacy.</p>
