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New Mexico Letter from Landlord to Tenant Returning security deposit less deductions

State:
New Mexico
Control #:
NM-1065LT
Format:
Word; 
Rich Text
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Description

This is a letter informing Tenant that Landlord has deducted from the deposit the amounts itemized which are amounts either reasonably necessary to remedy default in the payment of rent, to repair damages to the premises caused by tenant, to clean such premises upon termination of the tenancy, or for other reasonable and necessary expenses incurred as the result of the tenant's occupancy.


A security deposit is a payment required by a landlord from a tenant to cover the expenses of any repairs of damages to the premises greater than normal "wear and tear." Everyday usage is normal wear and tear, but excess damage is a debated definition. A security deposit is not the same as rent. It is money that actually belongs to the tenant but is held by the landlord for tenant-caused damages and sometimes past-due rent. Without the agreement of the landlord, a security deposit may not legally be used as the last month's rent.


Laws vary by state, but some states place a limit on the amount of a security deposit that a landlord may charge. Some states also regulate where residential security deposits must be kept and when interest payments on the security deposits must be made to the tenant. State laws also define the time period after the tenant vacates within which the deposit must be returned to the tenant.

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FAQ

New Mexico state law limits how much a landlord can charge for a security deposit (one month's rent), when it must be returned (within 30 days after a tenant moves), and sets other restrictions on deposits.

Concisely review the main facts and lay out the reasons your landlord owes you money. Include copies of relevant letters and agreements, such as your notice to move out. Ask for exactly what you want, such as the full amount of your deposit within ten days. Cite state security deposit law.

Unpaid rent at the end of the tenancy. Unpaid bills at the end of the tenancy. Stolen or missing belongings that are property of the landlord. Direct damage to the property and it's contents (owned by the landlord) Indirect damage due to negligence and lack of maintenance.

If your deposit didn't need to be protected and your landlord refuses to give it back, you might have to take them to court.You'll need to take your landlord to the small claims court to get your money back.

5 Times a Landlord Does Not Have to Return a Tenant's Security Deposit. Breaking or Terminating a Lease Early. Nonpayment of Rent. Damage to the Property. Cleaning Costs. Unpaid Utilities.

Your Landlord is legally obligated to return your deposit within 10 days of you both agreeing how much you'll get back (after the tenancy has ended, of course).

The landlord is entitled to deduct from the rental deposit any expenses incurred repairing any damage to the property which occurred during the tenancy. The remainder of the money must then be refunded to the tenant no later than 14 days after the restoration of the property as dictated by the Act.

Your landlord can still deduct from your deposit to cover the cleaning bill if the property is not cleaned to the level it was at and can prove it, though. So, it's still important to clean the property thoroughly before you move out.

Generally, a landlord may retain all or part of the security deposit to pay for damages to the unit that occurred during the tenants' occupancy, except for those resulting from normal wear and tear. Usually, the landlord can deduct other costs, such as late fees, unpaid rent, and unpaid utility bills.

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New Mexico Letter from Landlord to Tenant Returning security deposit less deductions