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
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
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
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
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
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
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
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
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
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
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.
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?
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
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
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
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
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
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
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... View More
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...View More
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