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Landlord - Tenant, Civil Litigation, Civil Rights, Personal Injury and Real Estate Law for New Mexico
Q: Issues with mold, symptoms, and possibly fraudulent lease in NM property.
I lease a property in New Mexico and have been experiencing symptoms such as headaches, confusion, fatigue, chills, body aches, and heavy eyes for two days, possibly related to mold or mushroom spores near the property. I reported the issue to the property management lawyer and received a dismissive reply suggesting self-removal and stating that my concerns do not warrant further action. Additionally, there was a leak left unaddressed for three months, and I have all incidents documented with evidence. I am currently on a month-to-month tenancy after discovering that my signature was reused on a fixed-term lease, and the property manager attempted to evict me upon uncovering this fraudulent action. What steps can I take to address these issues, considering the documentation I have?
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James L. Arrasmith
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You should first document all health symptoms and property issues in detail, including photos of mold, mushroom spores, and any water damage, along with medical records if you seek care. Keep copies of all communications with the property manager and lawyer, especially those dismissing your concerns or referencing the lease issue. This documentation will strengthen your position for any legal or administrative action.
Next, contact the New Mexico Environment Department or local housing authority to report unsafe living conditions. They can inspect the property for mold and other environmental hazards and may issue orders requiring the landlord to remediate the problem. At the same time, consult a tenant’s rights organization in New Mexico to understand your protections regarding the fraudulent lease and your current month-to-month tenancy.
You may also consider sending a formal demand letter to the property management stating the health risks, ongoing leak, and lease fraud, requesting repairs, remediation, or resolution of the lease issue. If they continue to ignore your concerns, you could pursue legal action for unsafe living conditions, potential lease fraud, and any related damages. Acting quickly and keeping all evidence organized will help you protect both your health and tenancy rights.
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