A. In an action for possession based upon nonpayment of rent or in an action for rent where the resident is in possession, the resident may counterclaim for any amount which he may recover under the rental agreement or the Uniform Owner-Resident Relations Act, providing that the resident shall be responsible for payment to the owner of the rent specified in the rental agreement during his period of possession. Judgment shall be entered in accordance with the facts of the case.
B. If the defense or counterclaim by the resident is without merit and is not raised in good faith, the owner may recover reasonable attorney's fees and his court costs.
C. If the action or reply to the counterclaim is without merit and is not in good faith, the resident may recover reasonable attorney's fees and his court costs.
History: 1953 Comp., § 70-7-30, enacted by Laws 1975, ch. 38, § 30.
ANNOTATIONSLaw 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. — Setoff or counterclaim in action by tenant against landlord for restitution under Federal Housing and Rent Act of 1947 and amendments, 10 A.L.R.2d 249.
Rights and remedies of tenant upon landlord's breach of covenant to repair, 28 A.L.R.2d 446.
Respective rights in excess rent when landlord relets at higher rent during lessee's term, 50 A.L.R.4th 403.