New Mexico Forms Library

Decision Information

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13-1313. Leased premises; latent defect.

            If a landlord knows about an existing defect on the premises which is not readily apparent or knows facts and circumstances which would indicate that there is such a defect, then the landlord must tell the tenant about the defect at the time of renting the premises or before the tenant moves in. However, a landlord need not warn the tenant against a defect which is obvious.

 

USE NOTES

            This instruction is not appropriate when the accident occurs on that part of the premises reserved for use by all or other tenants, such as hallways or stairs. In such instance, use UJI 13-1315.

[As amended, effective January 1, 1987.]

 

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