Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

I live in new Mexico. I was renting a home from an individual

Customer Question
under a 6 month lease...
I live in new Mexico. I was renting a home from an individual under a 6 month lease. when I signed the rental agreement it was average, stated monthly rent due date and the 25 late fee after the 5th. I paid all utilities except water. I lived alone there with my 8 month old old son. also I was aprox 5 months pregnant. The landlord however every single month if rent was due and the following morning came and I had not paid him he would walk into my yard and disconnect the water completely. no toilet shower etc I couldn't even make bottles for my baby. He would leave nasty letters each time on the front door. one time I was hospitalized due to pregnancy complications and upon returning from the hospital I went home to no water and letters demanding to inspect the home the following day. he noticed a old vehicle in my dads yard and continued to threaten to evict me unless him and my dad came to an agreement with my dad selling him that car. he left a letter about that also. I lived there 5 months and I have 14 letters from him. 8 are stating he shut off the water and it remains off until the late fee is paid etc.... Than in the middle of my fourth month he left another letter I came home too saying he quits and is closing the home park. gave 20 days saying he will have all power disconected and the park fenced off. which he did luckily my parents helped me move. he never returned my deposit either. im curious isnt it illegal to some point him disconnecting th e water etc.....and what could I do in the situation, also what is the time tlimit to pursue such a case.
Submitted: 4 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 7 minutes by:
12/1/2012
Lawyer: LandlordTenantAnswer, Attorney replied 4 years ago
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 28,675
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand your situation and concern. Yes, it is certainly illegal what he did. The landlord can not use self help to evict you or to demand rent be paid. Any relief or remedy sought, would have had to be obtain through the court. You should certainly keep the letters, evidencing his action and to support your testimony, about what he did. The court could take action and fine him, if you file suit. Your security deposit should have been returned within 30 days after you moved out or the landlord should have provided you with an itemized list of any deductions and returned the balance, if any. If he failed to do this, he may have waived his right to do so and would need to return the full amount. If he fails to do so, you would have to sue him to recover, in addition to any other damages which you suffered, as a result of his actions. If he turned off the power and water and you were forced to move, you could try and recover the cost in doing so.


Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Ask Your Own Landlord-Tenant Question
Customer reply replied 4 years ago

is there a time limit I have to pursue this

Lawyer: LandlordTenantAnswer, Attorney replied 4 years ago

4 or 6 years, depending on the cause of action.

Injury to Personal Property: 4 years

Contracts: Written, 6 years

Ask Your Own Landlord-Tenant Question
Lawyer: LandlordTenantAnswer, Attorney replied 4 years ago
Hi Sarah.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Ask Your Own Landlord-Tenant Question
Customer reply replied 4 years ago

legal aide in new Mexico told me that he could have to pay a certain amount for each month I can prove he disconnected my water. but my vehicle burned down and I lost the letter from them..could you explain what they were telling me by chance

Lawyer: LandlordTenantAnswer, Attorney replied 4 years ago
They were likely telling you that court could fine/sanction him for his actions, which were illegal. If you do not have any written evidence (i.e. the letter) you still have your testimony and that of any other witnesses, who observed his actions, to prove what he did.
Ask Your Own Landlord-Tenant Question
Customer reply replied 4 years ago
When a landlord "unlawfully removes or excludes the tenant or willfully diminishes services to the tenant by interrupting ...heat, running water, hot water, electricity, gas, or other essential" service, the act provides the tenant with powerful legal tools. A tenant may move back into the dwelling, or move out. Either way, the act recommends that the wronged tenant be awarded three months' rent, or three times his actual damages, whichever is greater, plus the cost of his legal action.
Lawyer: LandlordTenantAnswer, Attorney replied 4 years ago
Yes, that is what I stated above, in regard to the illegal conduct of the landlord. You would need to sue to recover for this, as well as for the return of your security deposit.
Ask Your Own Landlord-Tenant Question
Customer reply replied 4 years ago
Do I need to hire an attorney? Or if o just take him to claims court does the judge usually do these things? Im sure a lawyer for suing him for the damages etc.... Is more expensive than what I could possibly be awarded..
Lawyer: LandlordTenantAnswer, Attorney replied 4 years ago
You can do it yourself if you wanted to. Moreover, as stated above, it is possible that you would be awarded attorney fees, so if you retain counsel, he would have to pay for it.
Ask Your Own Landlord-Tenant Question
Customer reply replied 4 years ago
Is it more than likely to not be awarded anything like how it states being awarded twice the months rent for each of the months the landlord made the home inhabitable with out having legal representation? Could u plz tel me yhe best steps to take. To not only recover my deposit but fo disconnected utilities and forcing me to move out before my lease . Than il be done bugging you, sorry& thanks
Lawyer: LandlordTenantAnswer, Attorney replied 4 years ago

Based upon what you stated above, it does sound like you have a good case and chance of recovery. You want to be able to obtain all the money you can from the landlord. As such, if you are not very familiar with the court system, it is in your best interest to retain an attorney and have them represent you. They can try and get the Judge to award attorney fees and based upon the actions of the landlord, there is a chance for this as well. The attorney will know what causes of action to raise and how to proceed on the case, acting on your behalf. On Monday, you can likely set up a consultation with a few attorneys, to talk about the facts of the case and see what they will charge for representation in the matter. The last thing which you want to do, is handle this yourself and run into problems and/or not recover what you are entitled to.

Ask Your Own Landlord-Tenant Question
Lawyer: LandlordTenantAnswer, Attorney replied 4 years ago
Hi Sarah. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Ask Your Own Landlord-Tenant Question
Customer reply replied 4 years ago

is there a certain type of lawyer?I live n a very small town

Lawyer: LandlordTenantAnswer, Attorney replied 4 years ago

It is a civil litigation case, so any attorney would likely be able to handle it. In an ideal situation, you can find an attorney that handles landlord/tenant disputes in real estate but if not, then general litigation. Please let me know if there is anything else and I would be happy to answer it. If not, please remember to rate my help with 3, ,4 or 5 faces, so I can get credit. Thank you!

Ask Your Own Landlord-Tenant Question
Ask LandlordTenantAnswer Your Own Question
LandlordTenantAnswer
LandlordTenantAnswer
LandlordTenantAnswer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 28,675
28,675 Satisfied Customers
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.

LandlordTenantAnswer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,830 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,075 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,272 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
The home my sons are renting is being purchased by the city.
The home my sons are renting is being purchased by the city. He signed paerwork with city and they agreed that move out by the end of this month. when my son moved in they paid first, lst and a securi… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
One more question... does the landlord have to return rent
Hi there, one more question... does the landlord have to return rent for the time the house has not been repaired?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
I need help regarding finding out the eviction that just
good morning I need help regarding finding out the eviction that just happen and i put my name on he lease … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,682 satisfied customers
My tenant disappeared and gave possession of apartment to
my tenant disappeared and gave possession of apartment to some unknown people.how can i evict these people although they are paying rent on original tenant's name/behalf.a lease was written on the the… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
I am a landlord and I have a tenant who gave me 30 days
I am a landlord and I have a tenant who gave me 30 days notice to vacate but then moved out a week later. I then began a renovation of the bathroom./ The tenant now claims that I owe them pro-rated rent for the period of the renovation. I belive that, because they moved out, I have a right to renovate based on this guidance from the department of consumer affairs. "You can give the landlord notice any time during the rental period, but you must pay full rent during the period covered by the notice. For example, say you have a month-to-month rental agreement, and pay rent on the first day of each month. You could give notice any time during the month (for example, on the tenth). Then, you could leave 30 days later (on the tenth of the following month, or earlier if you chose to). But you would have to pay rent for the first 10 days of the next month whether you stay for those 10 days or move earlier. (Exception: You would not have to pay rent for the entire 10 days if you left earlier, and the landlord rented the unit to another tenant during the 10 days, and the new tenant paid rent for all or part of the 10 days.)" Am I in the wrong? … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
Residential apartment's lease holder disappeared and gave
residential apartment's lease holder disappeared and gave possession to some unknown people who are occupying now,what section number of ny state law applies on this kind of violation of the lease… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
I have a tenant with anger issues i want to give him a
i have a tenant with anger issues i want to give him a written warning or i will evict him i want to do every thing in a legal manner can you help me … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
I received a letter from my landlord today (11/16) that I am
I received a letter from my landlord today (11/16) that I am being evicted in 30 days from the date of the letter (10/29/17). It gave no reason other than "the landlord has decided to end the tenancy … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
I own a 12 unit apartment complex in Kansas. It is
Hello- I own a 12 unit apartment complex in Kansas. It is advertised as ages 55+ "senior housing". I have read that there is a percentage of units I could have someone under 55 in and still be age res… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,682 satisfied customers
I have a Landlord-Tenant related question... NJ. I am due to
Hello, I have a Landlord-Tenant related question... … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
I have a lease in Dallas Texas. But I need break my lease.
I have a lease in Dallas Texas. But I need break my lease … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My kitchen sink is broken and unable to be used for the last
Hi, my kitchen sink is broken and unable to be used for the last 5 days. My water heater is broken, we don't have hot water for the last 4 days. My Property Manager assigned handy man has not fixed it… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
How to write 30 days notice termination of lease to evict
how to write 30 days notice termination of lease to evict tenant who has disappeared and there are new unknown occupants in my apartment.or is there any way to find the samples on internet… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
I was just asked to sign an snda. Just looking for
I was just asked to sign an snda. Just looking for clarification … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
I have a 24 hour notice to get out how can i stop that.
I have a 24 hour notice to get out how can i stop that … read more
LandlordTenantAnswer
LandlordTenantAnswer
Attorney
28,675 satisfied customers
Our business moved out of our commercial space a few months
Our business moved out of our commercial space a few months before the lease was up. We were involved in a verbal communication with our former landlord regarding a rented storage trailer on the prope… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
What is the best way to expunge an eviction off my record if
What is the best way to expunge an eviction off my record if I have the funds before the court date? … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
My ex-roomie is going to take my boyfriend and i to a small
My ex-roomie is going to take my boyfriend and i to a small claims court for next months rent. We never signed a rental agreement, but we did try finding people to take our spot so the rent would be c… read more
LegalGems
LegalGems
Juris Doctorate
10,153 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x