New Mexico Warrant for Distraint of Tenant's Personality to Secure Payment of Rent
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How to fill out Warrant For Distraint Of Tenant's Personality To Secure Payment Of Rent?
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FAQ
Repairs ? Landlords must make repairs within seven days of being notified by the tenant. If they do not, tenants may withhold rent. Rent ? New Mexico prohibits rent control on state and local levels, so landlords may charge whatever they deem reasonable for rent.
New Mexico has an implied warranty of habitability, requiring landlords to maintain properties in a habitable condition (and thus free from pests). However, the laws don't mention insects explicitly.
Every New Mexico tenant has the legal right to seek proper and fair housing without any kind of discrimination against them. The New Mexico landlord-tenant law also allows them to request required repairs for the unit (If it needs them).
The process of distress allows a landlord to hire a civil enforcement agency to seize property on the rented premises that belongs to the tenant in order to recover rent money that is owed. The property can then be sold and the proceeds used to repay the rent and costs incurred by the landlord.
If you have a landlord/tenant-law related problem and need legal advice, please contact New Mexico Legal Aid at 866.416. 1922.
If you rent on a month-to-month basis, you must give the landlord 30 days' notice when you plan to move.
Rent withholding may occur ing to N.M. Stat. Ann. § 47-8-27.2 if a landlord is notified and does not fix a problem affecting the habitability of the unit or health and safety of its occupants within 7 days, a tenant may withhold a pro-rata share of the daily rent from one-third to 100%.
Prior to advancing any funds, lenders will often require that the landlord execute what is commonly called a ?waiver of distraint,? whereby the landlord foregoes its distress rights ? the ability to seize tenant property in order to pay arrears of rent.
