Albuquerque, NM asked in Contracts and Landlord - Tenant for New Mexico

Q: There is a contract between myself and my roommate but it isn't signed, is it still legal binding?

In the contract, it states that the $1200 I paid when I initially moved in was for first and last months rent. My roommate is now trying to claim the last month rent is actually a deposit. The contract, which was written by her, is unsigned by her so I'm unsure if what is written still holds or if she can just change what is stated. The initial disagreement came when I said I wasn't going to pay last month rent since I already had and she says I must or I must move out by the first of April.

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Landlord Tenant Lawyer
  • Tallahassee, FL

A: If you paid the last month's rent to the landlord then the landlord must still have the last month's rent on deposit. So if your roommate is staying in the apartment after you leave, she will (someday) have benefit of the last month's rent after you are gone. Right? IMO, she should (at the very least) give you one half of the rent deposit because it will be all hers when you leave.

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