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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33708
Experience:  15 years real estate, Realtor. Landlord 26 years
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My husband and I and our two teenagers recently moved into

Customer Question

Hi,
My husband and I and our two teenagers recently moved into an apartment in Albuquerque. We have been here three weeks and have been woken in the night by security saying we had noise complaints. We showed the security we were asleep and so were our teenagers and no one was touching the floor or wall, no tv or radio of any kind. Now we have received a seven day notice of non compliance notice that also includes cigarette butts being thrown off our balcony. None of us including the children smoke at all ever. I don't understand what's going on and what to do to comply since we aren't making any noise or mess to begin with. I cry and can't sleep because of this. However we also can't move financially ad a eviction would leave my family on the streets. Please what can I do
Erin
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: This is New Mexico
JA: Have you talked to a lawyer yet?
Customer: No but we plan to after speaking to the office
JA: Anything else you think the lawyer should know?
Customer: No. We have been here weeks and I've been absolutely careful about noise. We however have been woken twice by security and am losing sleep affecting y job ad school
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: New Mexico
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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You need to respond in writing to the landlord disputing these allegations with exactly what you have posted here....you were all asleep so no noise violation was possible and no one smokes at all so the cigarette butts didn't come from you.

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If the landlord decided to try and evict, he has to prove his case and show that you have violated the rules. But just a verbal claim that you did is not going to be enough for the landlord to prove his case and if you dispute it in writing, you have proof that you responded in a timely manner to try and explain that it wasn't possibly you..

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So the key here is respond in writing and keep a copy for your records in case they try to take this further.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 3 months ago.
Thank you for your advice! We will d that
Expert:  Barrister replied 3 months ago.

You are very welcome. Happy to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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All the best to you and yours..

Barrister

Customer: replied 3 months ago.
What format should I use in this letter
Expert:  Barrister replied 3 months ago.

If it were me, I would just kill them with kindness and state that you wanted to take the opportunity to address a couple issues that have recently come up. Then go into what occurred and what your response to their allegations is for each incident. Then you end it with something like you hope that this explains the situation and how neither you nor your family members had nothing to do with either complaint and consider it resolved. And you will keep an eye out for any smoking on the premises and immediately report it to them..

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thanks

Barrister

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