Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
Now I have to get a writ restitution can I over turn this situation
We rented from this guy month-to-month in January 2022 at $750 a month. During this time, he hasn't made any requested repairs, such as the moldy kitchen cabinets that are falling apart. He just texts us 30 days before and says he's increasing the rent by 'X' amount. This time,... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2024
In New Mexico, a landlord must give written notice to increase rent, especially for a month-to-month tenancy. While a text message can sometimes serve as written notice if it clearly communicates the change, it is better for both parties to receive formal written notice, such as a letter or email,... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Do I have right to public defender or what are my rights I'm asking for an extended 30 days to comply?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
I paid my landlord most of what I owed but now he says I still need to move out in 4 days
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Landlord or sherrif have not came to throw me out after judge granted a writ what happens then.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
My lease specifically states landlord is responsible for water
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.
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?
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
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
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
I've received a three day eviction notice from persons claiming to be the new owner of the property I live on
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
I'm in the state of new mexico
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.
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
