Legal Question in Landlord & Tenant Law in New Mexico

Do we have a case to break our lease and not pay rent?

Myself and my partner rent an apt and feel we are treaded differently becausewe are gay and he is Hispanic in a mostly white family oreinted complex. We were suppose to get $300 off of our first months rent which we did not because of a bounced check even though it didnt state we would lose it if we bounced a check. We also have many items in the APT that need repair and they never repair them. Our microwave doesnt work, and our Refrig leaks water and I almost fell the other day. The APT manager even said she would have it resolved. They always give us crap about our rent being a few days late and then they wont take a check after the 5th it has to be a money order. We pay rent on the 5th before midnight and they still refuse check. They held our last check 15 days without cashing it until I took time to give them a money order. We pay over $1000 a month and are not treated the way we should be. Can we break our lease which still has 9 months since we didnt get the $300 off for signing a 1 year lease? Can we hold rent until all items are repared? Can we sue for all rent we have paid for sexual discremination?

Thanks


Asked on 6/06/06, 5:32 pm

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Do we have a case to break our lease and not pay rent?

I would want to review your lease before advising you, but the best way to avoid perceived poor treatment from a landlord is to pay your rent on time. Thereafter, you rights may be confideently asserted without fear of a counterclaim of breach of lease. Call or e-mail for further assistance. I have been a landlord for 25 years.

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Answered on 6/06/06, 5:52 pm


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