My question involves landlord-tenant law in the State of: New Mexico
My family and I rented a house for 3 years from Jan 2014 - feb 2017. When our lease expired the the property manager informed us that the owner was moving back in and we had 30 days to vacate the premises. It took us almost the entire 30 days to find another home to rent and move out. We cleaned the old house as best we could with the time we had and agreed to pay him $220 for professional cleaning and $75 for landscaping clean up. About 21 days after we moved out I got an email from the property manager with 3 attachments:
one was a proposal for carpet replacement for $2400, one was a proposal for a proposal to paint the entire home + doors, trim & baseboards for $3300, and the third attachment was a receipt for 3 blinds for $125.
First off, I don't believe he can charge us for a full replacement of the carpet. They were ~ 7 years old when we moved in and we lived at the residence for 3 years putting the total life right around 10 years when we moved out. I also don't think he can charge us to repaint the entire house. We have small children, there was some marker on the walls in one room so I'm sure we have some liability but the entire house?
Also New Mexico law states:
No deposit shall be retained to cover normal wear and tear. In the event actual cause exists for retaining any portion of the deposit, the owner shall provide the resident with an itemized written list of the deductions from the deposit and the balance of the deposit, if any, within thirty days of the date of termination of the rental agreement or resident departure, whichever is later. The owner is deemed to have complied with this section by mailing the statement and any payment required to the last known address of the resident. Nothing in this section shall preclude the owner from retaining portions of the deposit for nonpayment of rent or utilities, repair work or other legitimate damages.
D. If the owner fails to provide the resident with a written statement of deductions from the deposit and the balance shown by the statement to be due, within thirty days of the termination of the tenancy, the owner:
(1) shall forfeit the right to withhold any portion of the deposit;
(2) shall forfeit the right to assert any counterclaim in any action brought to recover that deposit;
(3) shall be liable to the resident for court costs and reasonable attorneys' fees; and
(4) shall forfeit the right to assert an independent action against the resident for damages to the rental property.
E. An owner who in bad faith retains a deposit in violation of this section is liable for a civil penalty in the amount of two hundred fifty dollars ($250) payable to the resident.
He never sent us anything in writing. Could his email with proposals be considered an itemized list in writing even though he clearly didn't send "the statement and any payment required to the last known address of the resident"? I was ok with surrendering my deposit when I moved out but should I now file a counter suit? Would my odds be good?
Thank you!
My family and I rented a house for 3 years from Jan 2014 - feb 2017. When our lease expired the the property manager informed us that the owner was moving back in and we had 30 days to vacate the premises. It took us almost the entire 30 days to find another home to rent and move out. We cleaned the old house as best we could with the time we had and agreed to pay him $220 for professional cleaning and $75 for landscaping clean up. About 21 days after we moved out I got an email from the property manager with 3 attachments:
one was a proposal for carpet replacement for $2400, one was a proposal for a proposal to paint the entire home + doors, trim & baseboards for $3300, and the third attachment was a receipt for 3 blinds for $125.
First off, I don't believe he can charge us for a full replacement of the carpet. They were ~ 7 years old when we moved in and we lived at the residence for 3 years putting the total life right around 10 years when we moved out. I also don't think he can charge us to repaint the entire house. We have small children, there was some marker on the walls in one room so I'm sure we have some liability but the entire house?
Also New Mexico law states:
No deposit shall be retained to cover normal wear and tear. In the event actual cause exists for retaining any portion of the deposit, the owner shall provide the resident with an itemized written list of the deductions from the deposit and the balance of the deposit, if any, within thirty days of the date of termination of the rental agreement or resident departure, whichever is later. The owner is deemed to have complied with this section by mailing the statement and any payment required to the last known address of the resident. Nothing in this section shall preclude the owner from retaining portions of the deposit for nonpayment of rent or utilities, repair work or other legitimate damages.
D. If the owner fails to provide the resident with a written statement of deductions from the deposit and the balance shown by the statement to be due, within thirty days of the termination of the tenancy, the owner:
(1) shall forfeit the right to withhold any portion of the deposit;
(2) shall forfeit the right to assert any counterclaim in any action brought to recover that deposit;
(3) shall be liable to the resident for court costs and reasonable attorneys' fees; and
(4) shall forfeit the right to assert an independent action against the resident for damages to the rental property.
E. An owner who in bad faith retains a deposit in violation of this section is liable for a civil penalty in the amount of two hundred fifty dollars ($250) payable to the resident.
He never sent us anything in writing. Could his email with proposals be considered an itemized list in writing even though he clearly didn't send "the statement and any payment required to the last known address of the resident"? I was ok with surrendering my deposit when I moved out but should I now file a counter suit? Would my odds be good?
Thank you!
Sued by Former Landlord for Property Damage
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