Legal Question in Landlord & Tenant Law in New Mexico

do i have to pay rent on a house that the septic tank has gone out


Asked on 3/15/10, 10:07 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

No. Under NM law the landlord has the obligation and responsibility to ensure that there are adequate working systems, including that for disposal of sanitary waste. The law provides that you may withhold the rent until the problem is resolved. Your best advice is to make a written demand on the landlord by certified mail, carefully setting forth the problems and how they affect you, and advising him/her that you are withholding rent payment during the period the system wasn't functioning, and that you will continue to do so until the system is fixed. You may also call the local health officer, but you may find yourself evicted if you don't have a lease. 30 days written notice is required for an eviction.

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Answered on 3/21/10, 7:13 am


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