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. ANNOTATIONSEviction 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.
New Mexico Legal Code