Legal Question in Real Estate Law in New Mexico

i am living in an apartment complex that is very poorly maintained. within a week of moving in the ceiling in my bathroom caved in due to a water leak above, they fixed the ceiling but not the leak and now it is starting to cave in again and ive only lived there a few months. there is also a very bad roach problem which they refuse to spray for. i am trying to get out of my lease or at least be moved in to another unit but they are not allowing it. is there some law they could be breaking here that would void my lease?


Asked on 7/01/12, 9:37 am

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Although New Mexico is one of only two states that has not adopted a "warranty of habitability," it still recognizes "constructive eviction," which applies when no reasonable person would accept the conditions and pay rent. You need to send a certified letter to the landlord with photographs that depict the conditions. Advise that if the conditions are not repaired promptly, you will deem yourself constructively evicted. Find a new place to live and move out. You may have to sue to get the security deposit refunded, and the landlord may even make bogus credit bureau reports (which is why you need to find a new place to live while you still can.

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Answered on 7/01/12, 10:06 am


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