New Mexico
New Mexico Landlord-Tenant Recording Laws: Rights for Renters and Landlords (2026)
Independently fact-checked against primary sources (last audited August 15, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 15, 2026. · 3 primary sources cited on this page. How we verify our legal content
In New Mexico, tenants can record in-person conversations with landlords without consent because N.M. Stat. Ann. § 30-12-1 covers only telephone and wire communications. Phone calls require one-party consent, which the recording party satisfies as a participant. Landlords generally cannot place cameras inside a rental unit that capture a tenant's intimate areas.
New Mexico law strongly favors tenants' ability to record interactions with landlords. The state's wiretapping statute under N.M. Stat. Ann. § 30-12-1 covers only telephone and wire communications, meaning in-person conversations between tenants and landlords can be recorded without any consent. For phone calls, one-party consent applies, and the person recording satisfies that requirement by being a participant.
This guide covers tenant recording rights, landlord surveillance rules, security camera placement in rental properties, using recordings as evidence in housing disputes, and practical advice for both tenants and landlords in New Mexico.
Tenant Recording Rights
Recording In-Person Conversations with Your Landlord
Because New Mexico's wiretapping statute only covers "telegraph or telephone" communications, in-person conversations are not regulated. Tenants can record face-to-face conversations with landlords, property managers, and maintenance workers without any consent requirement.
Common situations where recording is valuable:
- Move-in and move-out inspections. Video and audio recordings document the condition of the property and any pre-existing damage.
- Repair requests and maintenance discussions. Recordings prove you reported problems and document what the landlord agreed to fix.
- Lease negotiations and verbal agreements. If your landlord makes promises about rent, repairs, or amenities, a recording serves as proof.
- Harassment or threats. If your landlord threatens illegal eviction, enters without notice, or engages in harassment, recordings document the behavior.
- Security deposit disputes. Recordings of the property's condition at move-out help resolve disputes over deposit deductions.
Recording Phone Calls with Your Landlord
Phone calls with your landlord require one-party consent under § 30-12-1. You satisfy this requirement by being a participant in the call. You can record without telling your landlord, including:
- Calls about repair requests
- Rent payment discussions
- Lease renewal negotiations
- Complaints about other tenants or building conditions
- Conversations about eviction or lease termination
Recording Texts and Emails
Text messages and emails between tenants and landlords are written communications, not wire or oral communications subject to the wiretapping statute. You can save, screenshot, and preserve text messages and emails without any consent issues.
Landlord Surveillance Rules
Where Landlords Can Install Cameras
Landlords can install security cameras in common areas of rental properties where tenants and visitors do not have a reasonable expectation of privacy:
- Building lobbies and entryways
- Hallways and stairwells
- Parking lots and garages
- Laundry rooms
- Exterior areas (building entrances, walkways)
- Mail room and package areas
- Pool and recreation areas (not changing rooms)
Where Landlords CANNOT Install Cameras
Landlords cannot place cameras in areas where tenants have a reasonable expectation of privacy:
- Inside individual rental units, in a way that captures a tenant's intimate areas (apartments, houses, rooms)
- Bathrooms anywhere on the property
- Changing rooms at pools or fitness areas
- Inside garages assigned to specific tenants (may be contested)
Installing cameras inside a tenant's unit that capture intimate areas, such as a bedroom or bathroom, without the tenant's consent violates the voyeurism statute under N.M. Stat. Ann. § 30-9-20 and can result in criminal charges and civil liability.
Entry Notice Required Before Installing or Checking a Camera
A landlord cannot simply let themselves into a unit to install, adjust, or check a camera. The Uniform Owner-Resident Relations Act's entry provision, N.M. Stat. Ann. § 47-8-24, requires the landlord to give the tenant 24 hours' written notice stating the purpose of entry and a reasonable estimated time frame before entering the unit. This notice requirement applies regardless of the recording statutes discussed above. It governs the landlord's physical access to the unit, not just what a camera may capture once inside.
Exceptions to the 24-hour notice requirement are narrow:
- Emergencies, where entry without consent is allowed
- A repair request the tenant made within the prior seven days
- Entry accompanying a public official conducting an inspection
- Entry accompanying a utility company representative
A landlord who enters without the required notice to install a hidden camera compounds an unlawful entry with a separate voyeurism problem. Tenants may seek injunctive relief, or terminate the lease and recover damages, for unlawful or unreasonable entry under § 47-8-24.
Landlord Notification About Cameras
New Mexico does not have a specific statute requiring landlords to notify tenants about security cameras in common areas. However, best practices include:
- Disclosing camera locations in the lease agreement
- Posting signs in areas under surveillance
- Informing tenants during the lease signing process
- Providing notice before installing new cameras
Tenant Security Cameras
Can Tenants Install Security Cameras?
Tenants generally can install security cameras inside their rental units without landlord approval, as long as installation does not damage the property. Doorbell cameras and other exterior-mounted devices may require landlord permission depending on the lease terms.
Tenants can install:
- Interior cameras in their own units
- Doorbell cameras (check lease for exterior modification rules)
- Window-mounted cameras facing outward
- Wireless cameras that do not require drilling
Restrictions on Tenant Cameras
Tenants should not:
- Aim cameras at other tenants' units, windows, or private spaces
- Install cameras in common areas without landlord permission
- Make permanent modifications (drilling holes, running wires) without approval
- Record in shared spaces in ways that constitute harassment of other tenants
Using Recordings in Housing Disputes
Eviction Proceedings
Recordings can serve as evidence in New Mexico eviction proceedings. Under the Uniform Owner-Resident Relations Act (N.M. Stat. Ann. § 47-8-1 et seq.), tenants facing eviction can use recordings to demonstrate:
- The landlord failed to maintain habitable conditions
- The eviction is retaliatory (filed after a tenant complained about code violations)
- The landlord did not provide proper notice
- The landlord accepted rent after filing for eviction
Security Deposit Disputes
New Mexico law under N.M. Stat. Ann. § 47-8-18 requires landlords to return security deposits within 30 days of lease termination, with an itemized statement of deductions. Video recordings of the property's condition at move-in and move-out provide strong evidence in deposit disputes.
Habitability Claims
Tenants can use recordings to document:
- Mold, water damage, or pest infestations
- Broken heating, plumbing, or electrical systems
- Structural problems reported to the landlord
- The landlord's response (or lack of response) to repair requests
Small Claims Court
New Mexico's magistrate courts handle small claims up to $10,000. Recordings are admissible as evidence and can be presented to support claims for:
- Wrongful security deposit withholding
- Habitability violations
- Property damage
- Harassment or illegal entry
Illegal Landlord Recording: What to Do
Signs of Hidden Cameras
Watch for:
- Small holes in walls, ceilings, or fixtures
- Unusual objects that seem out of place (smoke detectors, clocks, chargers)
- Blinking lights from unknown sources
- Wires or cables that do not connect to known devices
Steps to Take
- Document the camera with photographs showing its location
- Do not remove it as it may be evidence
- Contact local law enforcement to report a potential voyeurism violation
- Contact the New Mexico Attorney General's office for additional resources
- Consult a tenant rights attorney about civil remedies
- Consider contacting New Mexico Legal Aid for free legal assistance
Legal Remedies
Tenants who discover hidden cameras in their rental units can pursue:
- Criminal prosecution of the landlord for voyeurism
- Civil invasion of privacy lawsuit
- Constructive eviction claim (the hidden cameras make the unit uninhabitable)
- Lease termination without penalty
- Restraining orders against the landlord
Landlord Best Practices
Protecting Yourself with Documentation
Landlords should also document interactions with tenants through:
- Written communication (emails, texts, letters) for all important matters
- Video documentation of property condition at move-in and move-out
- Written maintenance request logs
- Photographs of property damage
Surveillance Policy
Landlords should maintain a clear surveillance policy that:
- Identifies all camera locations in common areas
- States the purpose of surveillance (security, theft prevention)
- Confirms no cameras are placed in private areas
- Is included in the lease agreement
- Is updated when new cameras are installed
More New Mexico Recording Laws
Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording
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More New Mexico Recording Topics
More New Mexico Laws
Frequently Asked Questions
Can I record my landlord in New Mexico without telling them?
Yes. In-person conversations with your landlord can be recorded without any consent because New Mexico's wiretapping statute does not cover face-to-face communications. Phone calls require one-party consent, which you satisfy as a participant.
Can my landlord put cameras inside my apartment in New Mexico?
No. Tenants have a reasonable expectation of privacy inside their rental units. Hidden cameras inside an apartment that capture intimate areas, such as a bedroom or bathroom, violate the voyeurism statute under N.M. Stat. Ann. § 30-9-20. Landlords can place cameras in common areas like hallways and parking lots.
Can I use a recording as evidence in an eviction case in New Mexico?
Yes. Lawfully made recordings are generally admissible as evidence in New Mexico courts, including eviction proceedings. Recordings can demonstrate habitability violations, retaliatory eviction, improper notice, or landlord harassment.
Can I install a doorbell camera at my rental in New Mexico?
Generally yes for interior-facing cameras. For exterior-mounted cameras like doorbell cameras, check your lease for rules about modifications to the exterior of the building. Wireless cameras that do not require drilling are typically less problematic.
What should I do if I find a hidden camera in my New Mexico rental?
Document the camera with photographs, do not remove it, and contact local law enforcement immediately. You should also consult a tenant rights attorney. You may have grounds for a civil invasion of privacy lawsuit and criminal prosecution of the landlord.
Updates
Added a new subsection explaining that a landlord must give 24 hours' written notice before entering a unit under NMSA § 47-8-24, with narrow emergency, repair-request, and inspection exceptions, and tied that entry-notice rule to the page's hidden-camera discussion.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected an overstatement that any camera inside a rental unit categorically violates New Mexico's voyeurism statute (main text, a KeyTakeaways bullet, and an FAQ answer) — the statute requires the recording to capture a person's defined intimate areas, not merely occur inside a private room.
Clarified that New Mexico's ban on landlord cameras inside a rental unit applies specifically to cameras that capture a tenant's statutorily-defined intimate areas, not any camera anywhere inside the unit, in the intro, a KeyTakeaways bullet, and the camera-placement list.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Mexico Statutes Annotated 1978, Chapter 30
§ 30-12-1Interference with communications; exceptionIn forcecited in 37 of our articles
Interference with communications consists of knowingly and without lawful authority: A. displacing, removing, injuring or destroying any radio station, television tower, antenna or cable, telegraph or telephone line, wire, cable, pole or conduit belonging to another, or the material or property appurtenant thereto; B. cutting, breaking, tapping or making any connection with any telegraph or telephone line, wire, cable or instrument belonging to or in the lawful possession or control of another, without the consent of such person owning, possessing or controlling such property; C. reading, interrupting, taking or copying any message, communication or report intended for another by telegraph or telephone without the consent of a sender or intended recipient thereof; D. preventing, obstructing or delaying the sending, transmitting, conveying or delivering in this state of any message, communication or report by or through telegraph or telephone; or E. using any apparatus to do or cause to be done any of the acts hereinbefore mentioned or to aid, agree with, comply or conspire with any person to do or permit or cause to be done any of the acts hereinbefore mentioned.
Official text (excerpt) · last checked 2026-08-28 · Read the full text in our law library · Verify at nmonesource.com
Cited in 19 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):State v. Johnson (2010) held the consent exception in 30-12-1(E)(3) applies to jail calls where the caller impliedly consents by calling with knowledge the call is recorded. State v. Templeton (2007) found a call from the booking area, recorded with no notice, violated the Act, while a call placed after a recorded notice did not.
Opinions citing this section in our collection:
- State v. Johnson (New Mexico Supreme Court 2010, 148 N.M. 50)✓A jail inmate awaiting a murder retrial made recorded calls asking others to appear at trial and influence testimony; the court held the statute was not violated because an automated message warned both sides, so its prior consent exception applied.
- State v. Ocon (New Mexico Court of Appeals 2021, 493 P.3d 448)“…63); and interference with communications, in violation of NMSA 1978, Section 30-12-1 (1979). On those charges, the jury only…”
- State v. Templeton (New Mexico Court of Appeals 2007, 142 N.M. 369)✓Two of a jailed defendant's phone calls were recorded; the court held the statute was violated as to the booking-area call, where no notice was given and guarded speech did not imply consent, but not as to a later call from a phone that announced monitoring.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Mexico Recording Laws (2026): One-Party Consent Rules, New Mexico Smart Glasses Recording Laws (2026), New Mexico Audio Recording Laws: One-Party Consent Rules and Penalties (2026)
§ 30-9-20Voyeurism prohibited; penaltiesIn forcecited in 26 of our articles
A. Voyeurism consists of intentionally using the unaided eye to view or intentionally using an instrumentality to view, photograph, videotape, film, webcast or record the intimate areas of another person without the knowledge and consent of that person: (1) while the person is in the interior of a bedroom, bathroom, changing room, fitting room, dressing room or tanning booth or the interior of any other area in which the person has a reasonable expectation of privacy; or (2) under circumstances where the person has a reasonable expectation of privacy, whether in a public or private place. B. Whoever commits voyeurism is guilty of a misdemeanor, except if the victim is less than eighteen years of age, the offender is guilty of a fourth degree felony. C. As used in this section: (1) "intimate areas" means the primary genital area, groin, buttocks, anus or breasts or the undergarments that cover those areas; and (2) "instrumentality" means a periscope, telescope, binoculars, camcorder, computer, motion picture camera, digital camera, telephone camera, photographic camera or electronic device of any type.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at nmonesource.com
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):The New Mexico cases citing Section 30-9-20 reach it as a charge rather than construing its elements. State v. Webb (2017) involved voyeurism counts under 30-9-20(A)(1) over hidden bathroom video of a minor but decided only mandatory joinder. State v. Myers (2009) noted the section was not enacted until 2007.
Opinions citing this section in our collection:
- Kerr v. Parsons (New Mexico Supreme Court 2016, 10 N.M. 227)“…llo, 23 charging him with counts of voyeurism, contrary to NMSA 1978, Section 30-9-20 24 (2007), possession of a controlled…”
- State v. Myers (New Mexico Court of Appeals 2009, 147 N.M. 574)✓Myers hid a camera in an office restroom in 2004 to record women and was convicted of child pornography. The court noted voyeurism under 30-9-20 was not a crime until 2007 and held that applying a later "voyeuristic quality" test to his 2004 conduct violated due process.
- State v. Webb (New Mexico Court of Appeals 2017, 2017 NMCA 77)“…dant with voyeurism (child under eighteen), in violation of NMSA 1978, Section 30-9-20(A)(1) (2007), attempted voyeurism (chil…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Mexico Medical Recording Laws: Patient Rights and HIPAA Rules (2026), New Mexico School Recording Laws: Students, Parents, and Teacher Rights (2026), New Mexico Workplace Recording Laws: Employee and Employer Rights (2026)
New Mexico Statutes Annotated 1978, Chapter 47
§ 47-8-1Short titleIn forcecited in 4 of our articles
Sections 47-8-1 through 47-8-51 [47-8-52] NMSA 1978 may be cited as the "Uniform Owner-Resident Relations Act".
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 33 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Ramirez-Eames v. Hover (New Mexico Supreme Court 1989, 108 N.M. 520)“…to some extent by the Uniform Owner-Resident Relations Act, NMSA 1978, Sections 47-8-1 to 47-8-51 (Repl.Pamp. 1982). Section 4…”
- Gracia v. Bittner (New Mexico Court of Appeals 1995, 120 N.M. 191)“…efendant for violation of the Owner-Resident Relations Act, NMSA1978, §§ 47-8-1 to -51 (Repl.Pamp.1982 & Cum.Supp.1994)…”
- Hedicke v. Gunville (New Mexico Court of Appeals 2002, 133 N.M. 335)“…he New Mexico Uniform Owner-Resident Relations Act (UORRA), NMSA1978, §§ 47-8-1 through -51 (1975, as amended through 1…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Mexico Squatters Rights and Adverse Possession Laws (2026)
§ 47-8-18DepositsIn forcecited in 3 of our articles
A. An owner is permitted to demand from the resident a reasonable deposit to be applied by the owner to recover damages, if any, caused to the premises by the resident during his term of residency. (1) Under the terms of an annual rental agreement, if the owner demands or receives of the resident such a deposit in an amount greater than one month's rent, the owner shall be required to pay to the resident annually an interest equal to the passbook interest permitted to savings and loan associations in this state by the federal home loan bank board on such deposit. (2) Under the terms of a rental agreement of a duration less than one year, an owner shall not demand or receive from the resident such a deposit in an amount in excess of one month's rent. B. It is not the intention of this section to include the last month's prepaid rent, which may be required by the rental agreement as a deposit as defined in Subsection D [E] of Section 47-8-3 NMSA 1978. Any deposit as defined in Paragraph (1) of Subsection A of this section shall not be construed as prepaid rent. C.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Garcia v. Thong (New Mexico Supreme Court 1995, 119 N.M. 704)“…rate and district court Thong relied upon the provisions of NMSA 1978, § 47-8-18 (Cum.Supp.1994). That statutory provisi…”
- Serna v. Gutierrez (New Mexico Court of Appeals 2012, 3 N.M. 419)“…the premises by the resident during his term of residency.” NMSA 1978, § 47-8-18(A) (1989). However, a landlord is not e…”
- Stodgell v. Weissman (New Mexico Court of Appeals 2024)“…her a landlord who timely complies with the requirements of NMSA 1978, Section 47-8-18 (1989) (governing damage deposits) may…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Mexico Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights
§ 47-8-24Right of entryIn forcecited in 5 of our articles
A. The resident shall, in accordance with provisions of the rental agreement and notice provisions as provided in this section, consent to the owner to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, prospective residents, workmen or contractors; provided that: (1) unless otherwise agreed upon by the owner and resident, 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; (2) this subsection is not applicable to entry by the owner to perform repairs or services within seven days of a request by the resident or when the owner is accompanied by a public official conducting an inspection or a cable television, electric, gas or telephone company representative; and (3) where the resident gives reasonable prior notice and alternate times or dates for entry and it…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Roser v. Hufstedler (New Mexico Court of Appeals 2023, 531 P.3d 615)“…rnal quotation marks, and citation omitted)). That section, NMSA 1978, Section 47-8-24 (1995), generally restricts an owner’s…”
- State v. Anaya (New Mexico Supreme Court 2015)“…n no 2 longer enter at will under most circumstances. See NMSA 1978, § 47-8-24 (1995). 3 {22} The evidence at tr…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Mexico Ring Doorbell Laws: What You Need to Know in 2026
Explore the law
The laws cited above reference these related sections in their own text:
- New Mexico Statutes Annotated 1978, Chapter 30 § 30-12-11 — Right of privacy; damages view in our statute record · read at the official source
- New Mexico Statutes Annotated 1978, Chapter 30 § 30-12-2 — Grounds for order of interception view in our statute record · read at the official source
Related law for further reading — not part of this article’s citations.
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- N.M. Stat. Ann. § 30-12-1(nmonesource.com).gov
- NM Attorney General(nmag.gov).gov
- NM Legislature(nmlegis.gov).gov
- N.M. Stat. Ann. § 30-9-20 - Voyeurism(law.justia.com)
- N.M. Stat. Ann. § 47-8-18 - Security Deposit Returns(law.justia.com)
- New Mexico Legal Aid(newmexicolegalaid.org)
- N.M. Stat. Ann. § 47-8-24 - Landlord Right of Entry(law.justia.com)