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legalgems
legalgems, Lawyer
Category: Legal
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WWhat a Tuesday of limitations to file a civil complaint for

Customer Question

WWhat a Tuesday of limitations to file a civil complaint for property damges once a tenants has moved out
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: New mexico
JA: Has anything been filed or reported?
Customer: Yes my parents just Friday filed a civil complaint . However I moved out 3 years ago
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes I have filed a restraining order against them because they broke into my current Residence
Submitted: 27 days ago.
Category: Legal
Expert:  legalgems replied 27 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 27 days ago.

I am very sorry to hear this;

fortunately landlord tenant law tends to be tenant-protective, as you will see from the below. The landlord must send an itemized list within 30 days or forfeit the right to sue.

The owner must provide the tenant with an itemized written list of the deductions from the deposit and the balance of the deposit, if any, within thirty days of the date of termination of the rental agreement or the tenant’s departure, whichever is later. §47-8-18(C).

If the owner fails to provide the tenant with such written statement and to refund the balance of the deposit within thirty days of termination, the owner forfeits the right to withhold any portion of the deposit, forfeits the right to assert any counterclaim in any action brought by the tenant to recover the deposit, is liable for the tenant’s court costs and attorneys’ fees, and forfeits the right to assert an independent claim against the tenant for damage to the rental property. §47-8-18(D). An owner who retains a deposit in bad faith is also liable for a $250.00 civil penalty, which is payable to the resident. §47-8-18(E).

Statute 37-1-4 allows for property damate to be brought within 4 years-provided the landlord complies with the 30 day requirement.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 24 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

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