Legal Question in Landlord & Tenant Law in New Mexico
Tenant pays himself for repairs
Can a tenant pay himself for repairs? I give him credit for all materials he buys and deduct that amount from the rent. Also, how long must I wait before filing eviction notice in court--due to nonpayment? Since all rent receipts are in the girlfriends name and she no longer lives in the residence, she moved out in the middle of the month without paying rent, they are separated, would I list them both or just her. I know he lived with her the whole time she was there, however he was never listed on the rental receipts. Your help is greatly appreciated, thank you.
1 Answer from Attorneys
Re: Tenant pays himself for repairs
I cannot give advice as to what the law is in your state as I am not licensed there but generally a tenant does not have the right to withold rent for repairs unless he has notified landlord of the need for repairs and landlord has failed to make necessary repairs within that time.
I highly recommend you pick up a copy of Every Landlords Legal Guide which covers these issues and much more. It contains information on state laws for eviction for all 50 states.
You can pick up a copy here:
http://www.affordablelegalsolutions.com/Book%20Summaries/book%20summary-every%20landlords%20legal%20guide.htm (copy and paste in browser)