Property Management
In New Mexico, which of the following would constitute a 'constructive eviction' scenario?
AThe landlord gives a tenant a proper 30-day notice to vacate
BThe landlord refuses to repair a broken heating system during winter, making the unit uninhabitable✓ Correct
CThe tenant voluntarily chooses to move
DThe tenant's lease expires
Explanation
Constructive eviction occurs when the landlord's failure to maintain habitable conditions (like refusing to repair heating in winter) effectively forces the tenant to leave. The tenant can treat this as a breach of the lease.
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