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KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4219
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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My wife is disabled. We rent an apartment and are 1/2 month

Customer Question

My wife is disabled. We rent an apartment and are 1/2 month behind on rent. The landlord is threatening to evict us. I have received text messages and a "For Rent" sign has been placed on the property. The Landlord tells me I have ten days to move. I have not received a written notice or a court date. I need some legal help to prevent eviction until I can pay the remainder of the rent or find someplace to move. What can I do?
I reside in Rio Rancho New Mexico. My wife has end stage renal disease and end stage diabetes.
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 6 years ago.
Hello, I am happy to assist you today.

Well, your landlord doesn't have to accept partial payment of rent. So until you are able to pay the full rent you will still face eviction.

However, your landlord is only taking tactics to scare you right now. He can not legally evict you without giving you a written notice and then he has to actually go to court to get an eviction order from the court. You will be notified of that proceeding and can attend, asking the judge for more time or a payment plan.

So don't let him scare you too much right now. You do still have time to work this out. Possibly a month or longer before you would be technically evicted.

Take care,
Kimberly