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Legalease
Legalease, Attorney
Category: Landlord-Tenant
Satisfied Customers: 16288
Experience:  15 yrs residential & commercial leasing experience.
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This is a landlord tenant dispute over rental agreement.

Customer Question

This is a landlord tenant dispute over rental agreement. Rental agreement states landlord would pay all utilities tenant has paid utilities past 4 years. Ask to have the deck replaced it was a health hazard multiple times was not repaired moved out of residence. Deck repaired within 2 weeks. Looking for reimbursement on all utilities tenant paid have documentation the contract with the landlord. Have documentation from all utility suppliers as to how much money we spent at the time that we were living in this house.
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  Dwayne B. replied 3 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

Is there a specific question with which I could assist?

Customer: replied 3 months ago.
do you want to have grounds for a lawsuit.
Customer: replied 3 months ago.
I am unhappy with this is not working out. I do apologize you should have sent me an answer and a response to my questions with starting with the first question I asked.
Expert:  Dwayne B. replied 3 months ago.

There are no questions from you showing on my screen at all. I can't send your a response to something that isn't present but I will opt out and let someone else assist you.

Expert:  Legalease replied 3 months ago.

Hello there --

I am a different attorney here at Just Answer. Regarding the lease and the utilities issue, you can take the landlord to small claims court for breach of the lease contract up to four years after you leave the premises. In NM. you can sue the LL for up to $5,000 in the county small claims court (it is a very informal process where you do not need an attorney present and the rules of evidence are loose. You simply appear with a copy of your lease and proof that you paid the utilities and it should be no problem for the judge to award those amounts to you from the former landlord). You can get all of the form paperwork that you need to proceed with a small claims court case against the LL from your local county civil court clerk's office -- you simply walk in and ask for that paperwork. Regarding other repairs that you may have made while you lived there, if those repairs were not spelled out in the lease or the LL did not give you written permission to make repairs, then you CAN Still sue the landlord for the repairs that you made but it will be up to the court to decide whether or not the conditions were bad enough for you to make those repairs (if you have pictures, that would be great). I have no doubt that you will be getting some award here from the court, at least for the utilities, so it is definitely worth your while to pursue the matter into small claims court as I suggested above.

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MARY