New Mexico Statute § 47-8-15 says:

...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;

Consider the case of renting a house with a fenced backyard. Is entry into the yard subject to 24 hour notice?

1 Answer 1


Is entry into the yard subject to 24 hour notice?

Most likely it is.

Note that section § 47-8-3 defines both dwelling unit and premises. The latter encompasses the term "appurtenances", which the Black's Law Dictionary defines, inter alia, as "an adjunct; an appendage; [...] garden [...]".

At least in the context of fenced backyard, the fact that § 47-8-3 defines dwelling unit and premises separately does not exclude "premises" from the scope of § 47-8-15. That is because the fence is "a structure [...] or part of a structure [...] that is used as a home, residence". 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.

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