Legal Question in Landlord & Tenant Law in New Mexico

I moved into my rental home at the end of May, 2009. I paid $1350 rent and $130 in prorated rent. From May through December, we had a few minor issues with our landlord that included disagreements about how the yard was to be kept, what was allowed on the walls, etc. He was in the house several times throughout the year for routine maintenance, and never mentioned anything about it being dirty, unkept, or damaged. Our rent was always paid on time, and we had good communication with him the entire time. In December, he threatened to have us move out because of a disagreement that we had (that I cant even remember over what). We resolved that one, but my roomate decided in March to move out on her own and leave me with the house. I couldnt afford the lease on my own, so I called my LL to explain the situation. He agreed to amend the lease to end in April, and told me I had to the end of April to clean the house as he didnt think he could rent it until June. He called me last Monday and told me that I had until 7:30 the next night to get my stuff out and clean as he was sending someone to pick up the keys. I spent all day both days getting my stuff out and cleaning the house. The ONLY things that were not done was vacuuming in the kids room and mopping the floor in the kitchen. He is withholding all $900 because he states that it took him and 2 other people 3 days to clean the house. I called him on Thursday, Friday and Saturday to arrange for a final walkthrough. When I finally heard back from him he insisted that I did not need to be present for it and he would do it alone. I told him I really wanted to be there for it so there was no discrepancies as to what was left to be done, but he refused to tell me when he would even be available to walk through with me. Now he is stating that there was so much cleaning and repairing to the house that I actually OWE him money. I made the mistake of not taking pictures when I left to prove how clean the house was. Is it fair for him to keep the deposit and charge me for damages when he refused to allow me to be there for the final walk through?


Asked on 4/26/10, 10:44 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

You say you have no pictures, but do you have any eyewitnesses? If you have neither, give it up. You can't win. If you have a witness, you may file without a lawyer in the small claims division of the Metropolitan Court to get your deposit, or a portion of it, back. Al necessary forms will be provided by the Clerk of Court, but they will not give you legal advice.

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Answered on 5/02/10, 8:12 am


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