New Mexico Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment

State:
Multi-State
Control #:
US-01678BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

New Mexico defines ?Normal Wear and Tear? as ?deterioration that occurs based upon the use for which the rental unit is intended, without negligence, carelessness, accident, abuse or intentional damage of the premises, equipment or chattels of the owner by the residents or by any other person in the dwelling unit or on ...

New Mexico Landlords' Rights and Tenant Responsibilities This late fee cannot exceed 10% of the monthly rent. Landlords may also charge a $25 fee for bounced checks.

New Mexico Landlord Tenant Law does permit landlords to require that a tenant pay a security deposit, however the security deposit must be ?reasonable.? If a landlord demands a security deposit in excess of an amount equal to one months' rent, under 47-8-18 (A) (1), ?the owner shall be required to pay to the resident ...

Deposits. A. An owner is permitted to demand from the resident a reasonable deposit to be applied by the owner to recover damages, if any, caused to the premises by the resident during his term of residency.

The deposit amount in New Mexico depends on the length of the rental agreement term. For an agreement term that is less than one year only one month's rent can be collected as a security deposit. For terms one year or greater the security deposit amount is not restricted to one month's rent.

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).

You can recover up to $10,000 in a New Mexico small claims court. In New Mexico, the Magistrate Court hears most small claims matters, and the two court names are used interchangeably in this article.

Small claims court is part of the district court division of the North Carolina state court system. Magistrates decide cases in small claims court. The maximum amount of money that can be requested in a small claims case varies by county, from $5,000 to $10,000.

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New Mexico Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment