In a residential lease, the maintenance and repairs necessary to keep the leased premises in a livable (habitable) and safe condition are generally the responsibility of the landlord—unless damages are caused by the negligence or intentional conduct of the tenant or the tenant’s guests. In that case the landlord will likely maintain the right to make the repairs and charge the tenant for the repairs, and not allow the tenant or the tenant’s contractors to make the repairs.

The written lease agreement should address the responsibility for maintenance and repairs and will often prohibit or limit the tenant’s ability to do any maintenance or make any repairs—at least without the written permission of the landlord. One exception may be the tenant’s right to make repairs in an emergency situation to prevent harm to the property or its occupants.

In some limited circumstances a landlord may allow the tenant to maintain and make repairs to the leased premises when the landlord is confident in the tenant's ability to properly maintain the property and make the necessary repairs.

In New Mexico, the law generally places the responsibility for maintenance and repairs necessary to keep a residential rental property habitable and safe on the landlord. This is in line with the implied warranty of habitability, which requires landlords to maintain their properties in a condition fit for tenants to live safely and healthily. If damages are caused by the tenant's negligence or intentional actions, or those of the tenant's guests, the landlord retains the right to repair the damage and bill the tenant for the cost. Tenants are typically not permitted to make repairs themselves, especially without the landlord's written consent, as outlined in the lease agreement. However, there may be exceptions for emergency situations where immediate repairs are necessary to prevent further harm to the property or its occupants. In certain cases, a landlord might allow a tenant to perform maintenance and repairs if they are confident in the tenant's ability to do so competently, but this would be an arrangement specifically agreed upon between the landlord and tenant, often documented in the lease agreement.