Know Your Rights

1. A deposit is your money and must be returned unless your landlord can show actual damage beyond normal wear and tear.
2. If the property is not damaged, however, then you are entitled to get your entire deposit back! (NMSA § 47-8-18(C))
3. A fee, such as an application fee for a lease, differs from a deposit and is typically non-refundable.

The damage deposit cannot exceed one month’s rent for a single-section home or two months’ rent for a multi-section unit.

1. A landowner can only use your damage deposit for damages they suffered. In other words, if there is no damage, then you are entitled to a full refund of your deposit.
2. Examples of proper use of the security deposit include unpaid rent, physical damage to the property, or other expenses that the landlord incurred as a result of the tenant not caring for the property or violating the lease.

Examples of Allowable Uses of Damage Deposit

1. One of your guests parks in a landscaped area that is not designated for parking. Some of the flowering bushes were crushed, and the landowner needs to replace them.
2. You are moving your home out of the community, and the towing company damages part of the fence.

1. Wear and tear is the damage or deterioration caused by ordinary and reasonable use of the property.
2. It is normal and should be expected by the landlord.
3. The deposit cannot be used to cover normal wear and tear.

Examples:

• Worn utility fixtures like pipes and hoses
• Cracks in the driveway

1. The landlord is required to provide an itemized list of all deductions from the deposit within 30 days of your move-out.
2. Additionally, they must return all leftover money from your deposit to you.
3. You are entitled to a full refund of your deposit if the landowner fails to comply with the above requirements.
   

• ALWAYS take pictures of your rental lot, the utility fixtures, and other landlord property before moving in!
• Do a walk-through with the landlord or management, and make note of any damage to fencing or other property belonging to the landlord.
• ALWAYS keep records of your rental payments!

• Landlords cannot charge above the cost per unit.
• They can charge an administrative fee, but it MUST be disclosed in the rental agreement.
• Landlords may charge a “hook-up” fee to start utility services, but cannot charge additional fees.
• If individual cost per unit figures are unavailable, the park owner must provide the formula used to determine individual costs.

• A landlord can change or update rules as long as a 60-day notice is given to the homeowners and they are given the opportunity to comment on the proposed changes.
• New rules cannot be applied to existing park residents if they:
  • Alter an existing pet policy, e.g., new weight limit for pets;
  • Require you to make physical improvements to your home.

• You cannot be evicted without good cause.
• Good cause is non-payment of rent or utilities, a violation of the lease for which you have been notified and have not remedied, or a violation of local ordinances.
• Regardless of whether there is good cause, the park owner must give written notice to the tenant.

• If your rent is late, the landlord must provide you with a written notice and allow at least three days to pay before an eviction case can be filed.
• If the land tenant pays the amount due within 3 days, they have the right to stay, and the lease cannot be terminated.

• Failure to comply with local ordinances, state laws, the rental agreement, rules and regulations OR conduct that constitutes an annoyance to other tenants or interferes with management.
• Must be specific and provide 7 days' notice, along with an opportunity to remedy.
• A second violation does not require a 7-day notice if it occurs within 6 months of the prior notice.

Violations that require a 30-day notice include:

• failure to comply with local or state laws
• conduct that disturbs other residents or that interferes with management
• failure to abide by the terms of the rental agreement or community rules.

Exception: multi-section homes get a 60-day notice.

Should the landowner decide to transition the property away from being a land lease community, they must provide tenants with a minimum of six months’ written notice.

If the land lease community is condemned by the city or county, the landowner shall notify land tenants in writing of the terms of the condemnation proceeding within seventeen days.

1. A landlord CANNOT evict you without going to court.
2. If you disagree with the reason the landlord is giving for eviction, GO TO COURT.
3. Try to get legal assistance.
4. Take hard copies of any proof you need to court – often, the court will not allow you to bring a cell phone into the courthouse.

Seven-Day Notice of Abatement

Step 1 - Notify your landlord, in writing, immediately of the problem, request they fix it, and state which remedy you will choose if the problem is not resolved, i.e., abatement or termination.

Step 2 - Keep a record of the notice you give to the landlord, as you may need it if they do not fix the problem.

How to Calculate Rent Abatement

1. Divide your monthly rent by the number of days in a month to find your daily rent.
2. Determine the number of days you get to withhold rent. Each day from the date the resident notified the owner of the conditions needing repair, through the day the conditions in the notice are remedied.
3. If you are unable to stay in your home, multiply the number of days the problem persisted by your daily rent.
4. If you are able to stay in your home, multiply the number of days the problem persisted by your daily rent and divide by three.

Damages and Injunctive Relief

• You can sue the landlord for money damages when they fail to perform their duties. This is known as damages.
• Or, you can go to court and request that a judge force the landlord to make the necessary repairs. This is known as injunctive relief.

• The landlord or management cannot stop you from selling your home.
• You have the right to list and sell your home while situated in the community.
• You do NOT have to use the management or landlord as your sales agent.
• Management cannot require you to let them handle the sale.
• Note that if the buyer wishes to remain in the community, they will likely be
  subject to the application and approval process.

Without a court order:

-- Neither management nor the landowner can block your access to the entrance of your home!

-- They cannot cut off your utilities!

NM Center on Law & Poverty: (505)255-2840

New Mexico Legal Aid: 1-833-545-4357

Legal Resources for the Elderly (55+ in age): 1-800-876-6657

Modest Means Hotline: 505-797-6013

Landlord/Tenant Hotline: (505)930-5666

NM Center on Law and Poverty
(505) 255-2840
www.nmpovertylaw.org

Maria Griego:
maria@nmpovertylaw.org