Tenant Law in New Mexico
Relationships between landlords and tenants in Carlsbad, New Mexico can get combative. It's difficult to be a tenant or a landlord. If one or both parties are not aware of their legal rights and obligations, conflicts can arise.
Landlords and tenants have to navigate a web of legal rights and commitments. It's essential that the parties to a landlord/tenant relationship know what obligations they have to one another.
Landlord's Rights in Carlsbad, NM
First and foremost, landlords have a right to timely payment of rent from their tenants, at the agreed-upon rate. This, of course, imposes on tenants a duty to pay their rent in whole, in a timely manner.
Furthermore, landlords have a right to be compensated for damage a tenant causes to a rented unit, either intentionally or negligently. Landlords have a right to deduct repair costs from tenants' security deposits, unless the damage was caused by usual wear and tear, for which tenants are not accountable.
Tenant's Rights in Carlsbad, NM
The most basic right of a tenant is the right to a living space that's fit for human habitation. This is, after all, what they're paying the landlord to present. Landlords in Carlsbad, New Mexico are under a legal duty to make sure that their apartments are habitable. There are numerous factors that are considered in deciding if an unit is habitable or not, but, generally, an unit will not be deemed habitable if it lacks any of the following: running water, electricity, heat, and protection from the elements (such as proper insulation, and windows that close).
Additionally, tenants are entitled to common areas which are reasonably safe and clean, and free of physical obstacles. Areas such as lobbies, hallways, stairwells, and fire escapes must comply with the building codes of Carlsbad, New Mexico. Additionally, any other unreasonable safety hazard, even if it doesn't violate a specific provision of a building code, can create liability for the landlord if it injures a tenant.
Under the laws of New Mexico, and the United States, discrimination in housing on the basis of race, religion, or gender is strictly prohibited. Additionally, under the Americans with Disabilities Act, landlords must not discriminate against renters on the basis of any physical disability. They also have to authorize the renter to make reasonable modifications to their apartment, to make it more accessible. Generally, landlords are only required to allow relatively minor and reversible modifications, and tenants cannot compel them to remodel the building, for example. Also, once the tenant leaves, the landlord can bill the tenant for the costs of restoring the apartment to its original condition.
And lastly, most state laws prevent landlords from arbitrarily evicting tenants. If the lease agreement is for a set period of time, the landlord typically can't evict the tenant until the lease expires, without a good reason. Valid causes for eviction include unpaid rent, illegal activities on the property, damage to the building caused by the tenant, and excessive noise.
Can a Carlsbad, New Mexico Landlord/Tenant Lawyer Help?
Whether you are a landlord or a tenant, chances are that you want to prevent conflict. But if you do end up in a seemingly irresolvable conflict with the other party, a Carlsbad, New Mexico attorney can help you protect your rights.