Legal Question in Real Estate Law in New Mexico

Real Estate Lease Termination

We have a problem. My wife and I signed a lease without seeing the property. The agent gave us a description over the phone and sent a couple of pictures. When we got there, the place was terrible. She completely misrepresented what the house was. So muh that we didn't even unpack and went to a hotel. Its in a terrible, crime ridden neighborhood, and the place is filthy inside and out. She is demanding that we forfeit our deposit and pay her two months rent. Is there anyway that we can get out of paying the two month rent?


Asked on 7/23/08, 7:48 pm

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

Re: Real Estate Lease Termination

If the propery was as misrepresented as you describe, you owe nothing and the lease is voidable. If she won't refund all of your money, it is a matter for small claims court. Tenants have strong rights in NM; call the Landlord/Tenant hotline, listed in the phone book.

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Answered on 7/24/08, 10:10 am


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