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New Mexico Letter from Landlord to Tenant where Tenant Complaint was caused by the deliberate or negligent act of Tenant or Tenant's guest

State:
New Mexico
Control #:
NM-1041LT
Format:
Word; 
Rich Text
Instant download

Description

This is a letter from Landlord to Tenant addressing Tenant's request to have Landlord pay for certain repairs. Landlord has determined that the damage complained of was caused by Tenant's negligent or intentional acts or omissions, or by the negligent or intentional acts or omissions of a person or persons on/in the leased premises with tenant's permission.
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FAQ

The landlord had a duty to reasonably maintain the property; The landlord knew or should have known of the dangerous condition; The landlord breached their duty by failing to repair/fix the dangerous condition;

It is a reasonable expectation for rental tenants to expect their landlord and/or agents to fulfil their duty of care. As the tenant, if you sustain serious injuries as a result of the landlord's negligence, you may have a public liability injury claim.

When damages or issues affect a rental unit's liveability, it is the landlord's responsibility to fix these damages at no cost to the tenant. Landlords are also responsible for repairing (and sometimes replacing) damaged items or appliances that are in the lease agreement.

If a tenant breaches a tenancy agreement it is possible that their landlord will try and evict them from the property. The sort of breaches of tenancy which result in a landlord seeking a court order for possession include:Damage to the property (eg broken windows)

Know your state's landlord/tenant laws. Read and respond to the court summons. Try to work out a settlement. Consider legal counsel. Show up for court. Look sharp and provide evidence.

Uninhabitable conditions can include dangerous ones, such as holes in the floor, unsafe or exposed wiring, or non-working air conditioning in dangerously hot summer months. Gross infestations of roaches, fleas or other pests are also uninhabitable conditions.

In most cases when a rental property is damaged, you have the right to keep all or part of the security deposit to offset the repair costs. But again, security deposits are heavily regulated by the landlord-tenant laws in your location.

If you're seeking damages for emotional distress caused by a landlord's discrimination, or punitive damages for especially blatant and intentional discrimination, a lawsuit may well be your best bet. Understand what's involved in suing your landlord. You may file a lawsuit in either federal or state court.

Landlord Rights When Tenant Destroys PropertyIf the tenant is evicted or already abandoned the property the landlord can deduct money from the security deposit. If the damages exceed the funds in the security deposit the landlord can sue the tenant in small claims court.

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New Mexico Letter from Landlord to Tenant where Tenant Complaint was caused by the deliberate or negligent act of Tenant or Tenant's guest