If you own a property and rent it out, whether it’s a house, an apartment, or a commercial space, you should be aware that under New Mexico law, the property owner is ultimately liable for any unpaid utility bills.
“When a renter vacates a property and leaves an unpaid energy bill behind, Las Cruces Utilities “does all in its power to collect what is owed to the tenant,” said Jose F. Provencio, business services administrator. “The delinquent bill is subsequently turned over to a collection agency. But, in the end, if the debt cannot be collected, the bill is the responsibility of the property owner.”
When a tenant’s overdue utility bill amounts exceed $500, LCU sends a notice to the property owner. Within 30 days, property owners must call LCU Collections. The majority of property owners call and resolve overdue accounts quickly. If the property owner does not respond to the initial notification, LCU sends a final notification by certified letter informing them of:
- LCU Rules & Regulations pertaining to rental property management for city utility services, as well as a request that the property owner contact LCU Collections staff to handle the outstanding bills.
If the property owner does not respond within 30 days of receiving the certified mailing, a lien will be lodged against the property.
For the following reasons, LCU encourages property owners to have a landlord agreement in place with LCU:
- When a tenant requests service disconnection, the property owner/manager will be notified by letter and informed of any remaining balance on the tenant’s account.
- The tenant is invoiced for utilities used while the property was rented, but the account reverts to the property owner(s)’ name until a new renter begins service.
- While the property owner is between tenants, utilities (gas, water, wastewater, and solid waste pickup) are not interrupted, allowing utilities to be used while the property is cleaned and prepared for a new tenant.
Las Cruces Utilities can be reached at 575-528-3500 Monday through Friday from 8 a.m. to 5 p.m. Las Cruces Utilities serves about 100,000 people in the Las Cruces area with gas, water, wastewater, and solid waste services.
In New Mexico, what are my rights as a renter?
Several rent-related issues are regulated by state law, including late fees, the amount of notice landlords must give tenants before raising the rent (at least 30 days in New Mexico), and how much time a tenant has to pay overdue rent or move before a landlord can file for eviction (three days in New Mexico).
In New Mexico, how long does a landlord have to correct something?
Landlords in New Mexico must provide a safe and habitable living area, as well as complete needed repairs in a timely manner (7 days). If they do not, tenants in New Mexico have the option of withholding rent as an alternative measure.
The following is a list of essential utilities for which landlords in New Mexico are or are not liable.
In New Mexico, are landlords responsible for pest control?
“A savvy landlord has carefully addressed the matter and incorporated proper wording in the contract,” Horrell said, adding that who pays the exterminator is a “common subject of controversy.”
The majority of states, townships, and municipalities consider it the landlord’s responsibility to keep tenants safe. As a usual precaution, the landlord should pay for a deadbolt and pin lock in the door handle. If you live in a high-crime neighborhood, your landlord may be responsible for adding external lighting and pruning tall hedges to make it harder for burglars to hide.
If in doubt, consult your rental agreement, which should outline your rights. “Make sure you read the entire contract to understand what you’ll be expected to pay. “It should spell everything out,” Jensen added, “but if it doesn’t, ask your landlord.”
Remember, before you sign the dotted line, it’s always wise to iron out any potential difficulties. Otherwise, you can end up in jail “a fight between the landlord and the renter over who is responsible for what,” Horrell noted.
In New Mexico, what are squatters’ rights?
After a specified period of time, a squatter might claim ownership of the property. A squatter can establish an adverse possession claim in New Mexico after ten years of continuous occupation (NMSA 37-1-22 (1978)). A squatter can gain legal title of a property by claiming adverse occupancy.
In New Mexico, where can I submit a complaint against my landlord?
A few pointers for renters from the New Mexico Attorney General’s Office’s Consumer Protection Division (http://www.nmag.gov/consumer/for-students/renter-s-guide):
The Landlord’s Rights Your potential landlord has the right to run a background check on you, which may include a credit check and a criminal background check. You may be turned down by a landlord due to poor credit or a criminal record.
Tenant’s Rights in the Future A landlord cannot refuse to rent to someone because of a handicap, ethnicity, sexual orientation, or other protected characteristics under the Fair Housing Act or New Mexico Human Rights law. You should seek legal assistance if you believe you have been discriminated against because of your race, religion, national origin or ancestry, sex, family status (with children), or handicap. While age discrimination is against the law, all property leases must be signed by someone who is at least 18 years old.
Rental Agreements and Leases A rental agreement, often known as a lease, specifies the conditions of a lease between a landlord and a renter. A signed rental agreement is necessary by law for a landlord to furnish you. The following items should be included in the lease or agreement:
- Period of rental. The contract can be month-to-month or for a set amount of time, such as a year. If you rent on a month-to-month basis, you must provide your landlord 30 days notice before moving. A change in rent or terms must also be communicated to you 30 days in advance. It’s critical to comprehend any terms you’re agreeing to.
- Regulations and rules. These are crucial to understand because infractions can result in your tenancy being terminated and you being evicted.
- Late fees and rent. It is critical that these phrases be expressed explicitly. You must ensure that you are aware of when the rent is due, as well as where, how, and to whom it must be paid. If you’re going to be charged late fees for not paying your rent on time, you’ll need to know when they’ll start. The amount of a late charge is limited by law to 10% of the rent. For returned checks, there may be an extra cost.
- Appliances and utilities Whether you or the landlord is responsible for paying utilities should be included in your lease.
- The policy for visitors is as follows: Guests and their usage of amenities may be covered by a clause in the lease.
- There is a pet policy. Pets may be prohibited by a landlord. The landlord may impose a pet fee or a pet deposit if a pet is allowed.
Other aspects of a contract. A lease or rental agreement may also include a number of additional crucial provisions. For more information, please see Legal Aid’s Renter’s Guide.
Make a damage deposit. The damage deposit compensates the landlord for any losses incurred as a result of the tenant’s actions. These damages could be for physical damage or business expenditures incurred as a result of a lease agreement violation. The cost of normal wear and tear is not deducted from the damage deposit. The landlord is responsible for normal wear and tear.
Unless the lease is for more than a year, a landlord is prohibited from requiring a deposit larger than one month’s rent. Make a precise note of all existing damages and have it signed by the landlord before you move in. When you pay your security deposit and rent, be sure you get a signed receipt from your landlord. Taking pictures when you move in is the best method to ensure that any damage claim is accurate.
Within thirty days of moving out, you should expect to receive your damage deposit back. If the landlord alleges you are liable for damages, you must be provided with an itemized list of all deductions from the damage deposit. If the landlord and tenant disagree about damages, the case may be referred to a small claims (Magistrate or Metropolitan) court.
Repairs and upkeep are required. In most cases, your landlord is responsible for maintaining your apartment safe and habitable. This includes, but is not limited to, providing flowing water and maintaining the condition of utilities (electrical items, plumbing, heating, ventilation, and so forth). If repairs are needed, you must notify the landlord in writing, and you may terminate the lease if the landlord fails to fix the problem.
Tenant responsibilities. It is your responsibility to keep your space clean and to utilize the plumbing and fittings correctly. Obtain written permission from the landlord before renovating, such as painting or changing light fixtures. Be a decent neighbor and tenant.
- Unless you have a “month-to-month” arrangement, landlords are generally not allowed to raise rents during the lease term.
- A landlord has the right to “peacefully” enter your unit; but, they must give you 24-hour written notice and enter at a reasonable time and for a legitimate purpose, unless the tenant has specifically requested that the landlord do so.
- You must notify your landlord in advance by certified mail if you wish to depart before your lease expires. Talk to your landlord about your alternatives.
- The landlord must make every effort to rent the apartment to someone else, but you may be responsible for paying the rent for the remainder of the lease term if the landlord is unable to do so after you depart.
- If you believe your lease terms are not being followed, you can write a letter to your landlord expressing your dissatisfaction (s).
- Your landlord cannot evict you as a result of your concerns. This is referred to as a “retaliatory eviction,” because it is illegal.
Roommates. In order for your roommate to live there, their name must be on the lease. Signing a roommate agreement will help you avoid problems with your roommate not paying their share of the rent. You are still liable for the rent and bills if your roommate moves out, but if you and your roommate signed a contract outlining what share of the rent each of you would pay, you can file a claim in small claims court.
Renter’s Insurance is a type of insurance that covers your belongings while you are A coverage that covers your personal items is known as renter’s insurance. It is reasonably inexpensive and is mostly for people who rent an apartment because the building is already covered by the landlord’s insurance. (Check to see if the landlord is covered by insurance):
- The coverage protects you in the event of a loss (such as a fire) or liability for claims or lawsuits filed against you.
- It covers your personal belongings but excludes motorized vehicles and animals.
- Some risks are not covered, such as floods. Make sure your coverage is tailored to your specific requirements.
Landlord & Tenant Resources
Law Access New Mexico is a service provided by the New Mexico Bar Association. A free telephone legal helpline and online information resource for low-income New Mexicans dealing with civil legal matters such as eviction, repairs, and security deposits.
Hotline for Landlords and Tenants. Tenants, landlords, property managers, attorneys, judges, and various housing suppliers in the Santa Fe area can call the Landlord & Tenant Hotline for information. Consumers can call the hotline and learn about their rights and responsibilities under the Uniform Owner Resident Relations Act (UORRA).
What is the maximum amount of time your landlord can keep you without hot water?
Your landlord is legally obligated to repair your broken boiler. This is not just a legal necessity, but your landlord is also legally bound to repair your broken boiler within a certain time frame. The Landlord and Tenant Act of 1985 was enacted to prohibit landlords from dodging their responsibilities, including this one. Article 11 of the Landlord and Tenant Act 1985 mandates that your landlord complete repairs in a’reasonable time.’ If you need an emergency repair because you don’t have heat or hot water, your landlord should respond within 24 hours.
Is your landlord responsible for the boiler?
Yes! Because every landlord is bound by the Landlords and Tenants Act 1985, they are legally obligated to repair a broken boiler within a property, provided that the tenant did not cause the damage to the boiler; otherwise, the landlord’s duty would be transferred to the renter.
What else is the landlord responsible for?
The boiler isn’t the only item that a landlord is responsible for. The Landlord and Tenant Act of 1985 also compels landlords to keep up with the home’s installation systems. This might include things like:
Not only does the government consider it dangerous, but it is also your landlord’s job to guarantee that these systems are kept in good working order so that you, the tenant, can go about your everyday life without interruption.
What can you do if your landlord won’t fix your heating?
If your landlord refuses to address your home’s heating problem, he or she must provide you with heating equipment capable of heating your home to a temperature of roughly 65 degrees. However, there are times when a landlord will refuse to do so; in that case, you are well within your rights to contact the police, who will come to your home, check the temperature, and issue a summons to your landlord, demanding that he carry out his responsibility as a landlord by repairing the heating problem. Because some people naturally want to avoid taking such a step for fear of causing a rift with their landlord, it is feasible to pay to correct the problem yourself and deduct the expense from future rent payments, as long as the landlord is alerted in advance and proof can be supplied. Before doing so, we recommend getting the landlord’s written permission.
Can you withhold rent if the landlord does not carry out repairs?
In a technical sense, no. As infuriating as it may sound, tenants do not have a legal right to simply refuse to pay their landlord for failing to perform repairs. This will just hurt your prospects of staying in the house, which is more essential in the broad scheme of things. As a result, the easiest method to avoid a situation in which you and your landlord have a falling out is to simply follow a system in which you tell your landlord of the problem in writing and keep track of any, or all, attempts to contact the landlord. If you have the funds, paying for the damage out of your own pocket in exchange for a reduction in future rental rates is an alternative. Finally, proof that you have paid for the damage must be presented to guarantee that the landlord is able to fully reimburse you.
What is uninhabitable living conditions?
According to the Homes Act of 2018, there is quite a broad scope for what makes a building uninhabitable. For example, mold is an indication that your house has poor ventilation or even that water pipes in your house are leaking, which could lead to an even worse problem. Furthermore, if your property’s external or interior structure has been damaged, you may be able to claim that your home is unfit for habitation because there is an obvious high risk of danger in this case. According to the Homes Act 2018, an unsafe structure or layout, a lack of natural light, damp, carbon monoxide (an odourless gas that prevents oxygen from being carried around the body, impeding your breathing), asbestos (which can aggravate lung tissue if inhaled), and excessive cold or heat all contribute to uninhabitable living conditions. It’s important emphasizing that factors like an unappealing paint color or a worn-out carpet do not make a home uninhabitable.
What is my landlord’s responsibility?
- repairs to the property’s construction and exterior, heating and hot water systems, and sanitaryware such as basins, sinks, baths, and other sanitaryware
The landlord has the right to enter the property to inspect it and make repairs.
Tenancy deposit
Within 28 days of the tenancy beginning, the landlord must provide the tenant with a rent book and a description of tenancy rules. In a tenancy deposit arrangement, they’re also in charge of safeguarding the tenant’s deposit.
What is the maximum annual rent increase that a landlord can make?
If you have a periodic tenancy (one that is paid on a weekly or monthly basis), you must:
- Without your permission, your landlord cannot raise the rent more than once a year.
- They must give you at least one month’s notice if they wish to raise the rent.
If you have a fixed-term tenancy (one that lasts for a specified period of time, such as 12 months), follow these steps:
- If you refuse the rent increase (which you have every right to do), the rent can only increase after your tenancy ends.
- Before you have to start paying the rent increase, the landlord must give you enough notice; for a year-long tenancy, six months’ notice is usually required.
… Your tenancy agreement may, however, include a “rent review clause.” This allows the landlord to raise the rent at any time throughout your tenancy. However, it must specify when and how it will occur.
“Every twelve months, the Landlord has the option to raise the rent.” The increase will be computed using the Retail Price Index, with a minimum of 3% and a maximum of 8% possible. The Landlord must give written notice of the rent increase at least two months in advance.”
As a result, the landlord may elect to raise the rent in step with the property market after a certain period of time, as described above. In the United Kingdom, the average annual rent rise is roughly 2%. However, if the neighborhood has experienced a rental boom, it can increase by as much as 10%.
As a result, before signing the initial leasing agreement and moving into the house, consider if you would be able to afford the rent if it increased in price. A 3% rise may not seem like much, but if your rent was 900 when you started, you’ll end up paying an extra 324 over the next year – something to keep in mind….
What to do when your rent goes up
First and foremost, the landlord must provide you with written notice of the rent increase. There are a few options available to them:
- They can supply you with a new rental agreement with the higher rate if your fixed term tenancy is coming to an end.
- They can make up a formal record for you both to sign once they’ve agreed to an increase with you.
Is the increase reasonable? Are you able to afford it? Are you interested in staying at the property? If that’s the case, all you have to do now is sign the new tenancy agreement or written record.
If you don’t agree with the increase, now is the time to speak with your landlord or managing agent and try to reach an agreement. You must construct a powerful and persuasive case that proposes a good bargain for both of you. Do you always pay your rent on time and take care of the property? These are strong arguments. Re-letting a home can be costly for a landlord, therefore they may want to keep with a good renter.
In New Mexico, how long does it take to evict a tenant?
Depending on the basis for the eviction, evicting a renter in New Mexico might take anywhere from two to seven weeks. The process can take longer if renters request a continuance or file an appeal (read more). Introduction: In New Mexico, a renter may face an eviction case for a variety of reasons.