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New Mexico Landlord - Tenant Questions & Answers
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 or if... Read 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 (at the very... Read more »

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: Once tenant has been given 3-day eviction notice for non-payment of rent, what is the next step for the landlord?

Does landlord contact sheriff's dept? Is there a form to complete? Is there a fee? How long does this take once the tenant has not responded to the 3-day eviction notice?

Jake A. Garrison
Jake A. Garrison answered on Sep 11, 2018

Good afternoon. If this is a residential property, then after the three-days notice has expired, you must go through a process known as "Restitution/Possession".

This is a Court proceeding and is dictated by a set of laws called the "Uniform Owner-Resident Relations Act". I suggest you...
Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for New Mexico on
Q: How can I get a brother, who lives in another state, to move his trailer off of our mother's property in Hobbs, NM?

My mother is now residing in MO with another brother who has been trying to get my CA brother to move the trailer off of the lot for years. What can he do to compel our brother to move the trailer? Can he file any document and publish a notice in a local legal publication? Then have it removed... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Dec 27, 2017

This is an issue for a New Mexico attorney. Under Michigan law, for example, one would serve a notice to quit, paying attention to special rules applicable to manufactured homes.

1 Answer | Asked in Consumer Law and Landlord - Tenant for New Mexico on
Q: 2 AC units in home. Owner would only turn on unit on bottom floor. Is this legal?

Earlier this summer when heat was over 100,our bottom swamp cooler cooled house downstairs to 78-79 and upstairs 80 and above as high as 87 some days. We pay our rent every month. What can we do?

David Humphreys
David Humphreys answered on Aug 9, 2017

Read your lease agreement. Write a letter to the landlord if you believe there is a breach of the lease. Notify the landlord that he is in breach if the lease agreement supports your view. Be careful before you decide to take action on your interpretation of the lease. You might want to consult a... Read more »

1 Answer | Asked in Landlord - Tenant and Native American Law for New Mexico on
Q: if my friend is in a Navajo Nation jail for missing a court date for housing eviction, why is his bail $1100.00?

Also, why were they only given 3 days to move out of the house when the notice was handed to them, while the notice said 5 days?

Robert Donald Gifford II
Robert Donald Gifford II answered on Mar 24, 2017

Without more details and this may be speculative, the bail may be based on a dollar amount that the landlord is trying to recover from past rent.

They may have been served with notice by mail, but was handed a copy later. Again, I don't have exactly enough information.

2 Answers | Asked in Landlord - Tenant for New Mexico on
Q: My landlord said he would be here today with a sheriff to kick us out. No legal paperwork has been filed
Brian Lehman
Brian Lehman answered on Jan 21, 2017

In Colorado, it is never legal for a landlord to evict a tenant without a court order.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Mexico on
Q: Who is responsible for a broken window. We (renter) did not cause it, but noticed it was broken and reported it.

When cleaning the home, prior to vacating after lease termination, we(renter) found one of the exterior windows(double pane) had a diagonal crack from one corner to the other. We did not cause it and the window frame as well as window appear to be old.

Could you please provide a statute to... Read more »

Brian Lehman
Brian Lehman answered on Jan 9, 2017

You probably need to say the city or county to answer this question, because it appears to depend on local housing codes that impose duties on landlords that tenants may enforce. In Albuquerque, the local codes state: "The windows and doors are reasonably weather-tight and, and are kept in sound... Read more »

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: Can landlords require a Social Security number for a rental application in San Diego?
Marshall Jason Ray
Marshall Jason Ray answered on May 7, 2016

You might want to consider posting this question in the California section so that you can get answers from practitioners who are familiar with the the requirements in California.

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