New Mexico Code § 47-8-45

Legal or equitable defense
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On or before the day fixed for his appearance, the defendant may appear and answer and assert any legal or equitable defense, setoff or counterclaim.
History: 1953 Comp., § 70-7-45, enacted by Laws 1975, ch. 38, § 45.
Eviction subject to equitable defenses. — A court may find that a qualified indigent tenant of public housing need not be evicted solely because adjudged liable for back rent. Equitable principles may be applied to prevent eviction. City of Albuquerque v. Brooks , 1992-NMSC-069, 114 N.M. 572, 844 P.2d 822.
Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Rights and remedies of tenant upon landlord's breach of covenant to repair, 28 A.L.R.2d 446.

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