New Mexico Complaint - Lessor Failure to Return Security Deposit

State:
Multi-State
Control #:
US-01622
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Word; 
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Description

This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.
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FAQ

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).

New Mexico Security Deposit Returns & Deductions Quick FactsAnswerAcceptable DeductionsUnpaid rent, utilities, and late fees Costs of damage Costs due to breach of lease Cleaning costsReturn Deadline30 daysItemized DeductionsRequiredPenalty for Late ReturnDeposit + $250 + Court Costs + Attorneys' Fees

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%.

A New Mexico 7-Day Notice to Quit (Non-Compliance), also referred to as Form 4-902, is a document that specifies violations and describes the nature of the alleged breach committed by a tenant.

This question is about New Mexico Security Deposit Law There are no specific statutes that provide a definition of wear vs tear, but in most cases any deterioration that occurs naturally as a result of correct and regular use by the tenant without negligence is considered wear.

If you have a landlord/tenant-law related problem and need legal advice, please contact New Mexico Legal Aid at 866.416. 1922. You may also learn about your rights and responsibilities as a tenant by accessing and reviewing landlord, tenant, housing and foreclosure information at lawhelpnewmexico.org/topics.

Landlords are required to provide the tenant with a written itemized list of each deduction from the security deposit and to return the remaining security deposit to the tenant within 30 days of termination of the tenancy.

Within 14 days (excluding weekends and holidays) after the tenant has moved out and the landlord has received the tenant's Request for Return of Security Deposit, the landlord must provide the tenant with an itemized list of all the charges (if any) that the landlord intends to deduct from the security deposit as well ...

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New Mexico Complaint - Lessor Failure to Return Security Deposit