Tenant Law in New Mexico
Relationships between landlords and tenants in Deming, 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 Deming, 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.
Also, 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 liable.
Tenant's Rights in Deming, NM
Tenants, most essentially, have a right to a habitable apartment. After all, this is what they're paying for. Deming, New Mexico landlords are obligated to see that the units they rent to tenants are fit to be lived in by people. Many different defects might render an apartment uninhabitable, such as serious infestations and other problems with sanitation, lack of running water or electricity, or failure to provide adequate protection from the outside elements.
Furthermore, 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 Deming, New Mexico. Furthermore, 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.
A tenant also has a right, under federal law and the laws of New Mexico to be free from discrimination in housing based on race, color, national origin, religion, or gender. Landlords can also not discriminate against persons with disabilities, and must make reasonable accommodations for those disabilities.
Lastly, the laws of most states safeguard tenants from unfair eviction. In general, as long as a tenant is paying rent on time, and is not damaging the unit, they cannot be evicted before the term of the lease expires, unless there is a very good reason to do so (such as excessive noise caused by the tenant, or illegal activities in the apartment).
Can a Deming, New Mexico Landlord/Tenant Lawyer Help?
Landlords and tenants usually prefer to avoid getting into fights with one another, for discernible reasons. A harmonious relationship is profitable for everyone involved. To that end, the advice of a good Deming, New Mexico landlord/tenant attorney can help defuse arguments before they become too serious.