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New Mexico Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: Can my landlord keep my security deposit for “excessive” normal wear and tear?

My landlord kept $1400 for “repairs”. They sent me a list that was not itemized which included charges for “excessive scuffs on one wall in bedroom”, “command strip removal”, “4 burnt light bulbs”. There were no legitimate damages. They added over $500 for “house cleaning” with... View More

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like you're facing a frustrating situation with your landlord retaining part of your security deposit for what they've termed "excessive" wear and tear. Generally, landlords can deduct from a security deposit for damage beyond normal wear and tear, but what you've... View More

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: I have a summons of court today and it is summons notice of trial on petition for right of restitution or forcible entry

Do I have right to public defender or what are my rights I'm asking for an extended 30 days to comply?

James L. Arrasmith
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answered on Apr 1, 2024

In a civil case like a petition for right of restitution or forcible entry, you generally do not have the right to a public defender. Public defenders are typically provided in criminal cases when a defendant cannot afford an attorney.

However, you still have rights and options:

1....
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1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: Can my landlord charge me a late fee as well as a late fee notice charge in new Mexico?
James L. Arrasmith
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answered on Mar 30, 2024

In New Mexico, landlords have the right to impose late fees if a tenant's rent payment is overdue, according to the terms outlined in the lease agreement. These fees are intended to compensate the landlord for the inconvenience and potential financial instability caused by delayed payments.... View More

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: Can my landlord charge me for bouncing a check they told me to cancel?

The rent check was not cashed. When I called the lady said they had not received it and to go ahead and cancel the check and pay online. she also said to call back and let them know it was canceled. When I called back I left a voicemail that afternoon, and again in the morning. Two weeks later... View More

T. Augustus Claus
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answered on Jan 30, 2024

In your situation in New Mexico, where your landlord instructed you to cancel a rent check and then charged you for it bouncing, there appears to be a misunderstanding or miscommunication. Generally, if a landlord advises a tenant to cancel a check and the tenant follows those instructions, the... View More

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: What crime is being committed if your landlord takes your property without a notice of eviction
James L. Arrasmith
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answered on Jan 28, 2024

If your landlord takes your property without a formal eviction notice, this could potentially be considered an illegal lockout or illegal eviction. In most cases, landlords must follow a specific legal process to evict a tenant, which includes providing proper notice and obtaining a court order.... View More

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: As a renter, my rights when it comes to roaches in my apartment? Landlord seems not to be too concerned

They are everywhere in my apartment! Landlord sprayed or lack of twice. And they are not any better. They are literally everywhere. I can't stand this and I am putting out lots of money to try to get rid of them. I feel that I'm infested and landlord just says he will have a guy come... View More

T. Augustus Claus
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answered on Jan 11, 2024

In New Mexico, landlords are generally obligated to maintain rental properties in a habitable condition, and this includes addressing pest infestations. If your landlord has not effectively addressed the roach problem despite multiple attempts, you may have legal grounds to request further action.... View More

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: I have a guy friend that won’t leave. He is not on my lease but says because he gets mail here he can’t be thrown out.
James L. Arrasmith
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answered on Nov 9, 2023

If someone is not on your lease and you want them to leave, you generally have the right to ask them to go. However, if they've established residency, which can sometimes be indicated by receiving mail at your address, they may have certain rights. To legally remove them, you might need to... View More

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: what if a landlord adds on conditions unbeknownst to the tenant after signing of lease?
James L. Arrasmith
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answered on Oct 23, 2023

In New Mexico, as in most jurisdictions, once a lease agreement has been signed by both parties, its terms become binding. A landlord cannot unilaterally change or add conditions to a lease without the tenant's consent after it's been signed. If a landlord attempts to enforce new... View More

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: How long do I have to move out if landlord allowed me to stay past the court ordered date to be out

I paid my landlord most of what I owed but now he says I still need to move out in 4 days

T. Augustus Claus
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answered on Sep 28, 2023

In New Mexico, if your landlord has allowed you to stay past the court-ordered date, it could depend on any new agreement you've reached with the landlord. If no specific timeframe was agreed upon, the landlord's notice of 4 days might not be legally binding.

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: If the writ was granted what happens if the sheriff's don't come throw us out

Landlord or sherrif have not came to throw me out after judge granted a writ what happens then.

T. Augustus Claus
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answered on Sep 15, 2023

If a judge has granted a writ of possession in a landlord-tenant dispute but the sheriff or law enforcement has not executed it as expected, there could be several reasons for the delay. This delay might be due to scheduling constraints within the sheriff's office, tenant cooperation or... View More

1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for New Mexico on
Q: Can my apartment complex tell us to stop smoking pot
T. Augustus Claus
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answered on Sep 7, 2023

Yes, in New Mexico, apartment complexes can generally prohibit smoking, including smoking marijuana, within their premises if it's specified in the lease agreement or apartment complex rules and policies. Many apartment complexes have no-smoking policies in common areas and within individual... View More

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: My landlord is trying to amend lease to include responsibility for water for a lease ending January 2024. Legal?

My lease specifically states landlord is responsible for water

John Michael Frick
John Michael Frick
answered on Jun 23, 2023

It is not illegal for the landlord to try. It's also not illegal for you to decline the amendment.

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: What if we are not terminating our agreement but we need a place to stay until the apartment is ready to be lived in

Our apartment was destroyed due to a fire. Landlord said they have another apartment we can move into in about a week. But in the meantime we are homeless. Isn’t it the landlord’s/property’s responsibility to provide accommodations until the apartment is ready to be lived in again?

Tim Akpinar
Tim Akpinar
answered on Jul 2, 2023

A New Mexico attorney could advise best, but your question remains open for two weeks. It was probably overlooked in the "Uncategorized" heading. I'm sorry for your ordeal with the fire. You could try reposting under "Landlord-Tenant." Some questions go unanswered here, but... View More

1 Answer | Asked in Elder Law and Landlord - Tenant for New Mexico on
Q: Can my parents get kicked out if they are being cared for at home due to health problems

The landlord claims that there were people in the front yard doing drugs however my parents have no idea of any of that going on if it was. My parents are a little bit behind due to medical bills and health problems and have been struggling to make ends meet. I feel like the other tenet is make... View More

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2023

I'm sorry your parents are being treated like this, given their difficult circumstances. A New Mexico attorney could advise best, but your question remains open for two weeks. Repost this and add the category "Landlord-Tenant." You may not have seen the category at first because you... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Mexico on
Q: How much time is required to give a Tennant notice that the property has been sold and Tennant is evicted

I've received a three day eviction notice from persons claiming to be the new owner of the property I live on

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 26, 2023

Typically, when a property is sold where a tenant is residing, the new owner assumes the lease if there is one. If there is no lease, then the tenant is on a month to month lease and notice by either party is much shorter (usually 30-60 days depending on the how long the tenant has lived there).... View More

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: On an eviction court papers last name is wrong and was passed through court system , isn't this fraud ?

I'm in the state of new mexico

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

Fraud depends on whether there was an intent to deceive and justifiable detrimental reliance by the target of the fraud.

It could just be a mistake.

1 Answer | Asked in Personal Injury and Landlord - Tenant for New Mexico on
Q: Does Apartment Owe Me?

In April my apartment living room was flooded with about 1.5 inches of water while I was at work. The management deemed it a biohazard due to potential mold and I was not allowed in my apartment and essentially evicted on the spot. 5 days after the flood I got a call from management while I was at... View More

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2022

A New Mexico attorney could advise best, but your question remains open for two weeks. One option is to reach out to attorneys to try to arrange a free initial consult for discussing a property loss claim. There are a number of issues to sort out here, in terms of insurance, records to validate the... View More

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: can I use my tenants damage deposit towards reimbursement of my $1500 insurance deductible? They caused a grease fire
Deena L. Buchanan
Deena L. Buchanan
answered on Jun 30, 2019

It depends on how the lease defines what you can use the deposit for.

1 Answer | Asked in Contracts and Landlord - Tenant for New Mexico on
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... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 26, 2019

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... View More

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