Security Deposit

[NMDisabled]

What is the name of your state (only U.S. law)? New Mexico

I just recently moved out of my previous home after the lease ended. The landlord earlier in the month stated that the lease was up at the end of the month and they wanted to move their in-laws into the house. I told them I would move and be out no later than the end of June.

My lease ended on May 31st. I moved out and turned in the keys and garage door openers on June 6th. I provided her with my parent's address as a forwarding address for me. I was informed by the landlord that they were going to hold back my security on July 8th due to various damages including needed to paint the inside of the house. (Isn't paint a wear and tear item? They also wanted more money from me because I didn't give them 30 days notice when I left. The lease stipulates I need to give 30 days notice. She is threatening me with a lawsuit. Isn't her telling me that the lease is up and that she wanted to move her in-laws in notice on her part?

My next question is in regards to the security deposit in another way. New Mexico has the following as law:

"If a landlord does not send an itemized statement and deposit balance to the tenant within 30 days of the date the rental agreement is terminated or the tenant moves out, whichever is later, the landlord forfeits all rights to any of the deposit and to take further legal action against the tenant in a court of a law. Thus, even if the tenant has incurred $10,000 in damages, the landlord loses the right to claim the damage if he or she has not acted within the 30 days. If the landlord fails to provide an itemized statement and return the balance of the deposit within the required time, the tenant may sue the landlord to recover the entire deposit, plus attorney’s fees and court costs, and in some cases, civil penalty in the amount of $250. As noted above, the tenant is required to leave the landlord a forwarding address. If the tenant fails to do so, the landlord must send the balance of the deposit and itemized statement to the tenant’s last known address."

Does that section of the law protect me from their threat of lawsuit and entitle me to my full deposit back because of the notice on her part? They sent me an itemized listing of damages on July 8th. She only provided itemized list because I asked her what is going on with my security deposit. That is more than 30 days from I moved out and was after the lease expiration date.

Any advice you can provide me with is greatly appreciated.

 

[justalayman]

was your lease a month to month or a definite term lease? If a definite term lease, did it automatically convert to a month to month after the term?

 

[Gail in Georgia]

Couple of things to keep in mind...

Your landlord telling you that the lease was up at the end of the month and them wanted to move their inlaws in is no guarantee that you'll actually move out. There are tenants who are "holdovers" even after their lease has legally ended. For example, you were a holdover if your lease ended May 31st and the lease didn't automatically extend into a month to month tenancy.

Paint can be considered normal wear and tear unless new paint is needed to cover damage done to the unit (for example, holes or scratches in the wall). Did you take pictures at moveout to dispute that there was damage should this come to a court hearing?

The 30 day notice is dependent on when the notice was sent out, not when it was received by you. For example, if you received it on July 8th but it was mailed on the 6th, the postmark would indicate it was mailed within your states required time period. Your lease may have ended May 31st but you retained the keys and turned them in on June 6th and that's when you legally left the contract.

Gail

 

[NMDisabled]

It was a 1 year lease. I originally signed at the end of May 2008. It expired at the end of May 2009 and was renewed for one year with an expiration of May 2010. I started moving out on June 4 and dropped the keys off on June 6.

The itemized list with amounts of damage was sent to me via email on July 7 at 1153PM. She claims she sent me a list of items that were issues earlier in the month but without amounts for damages. I have not received that email that she claimed was sent. I have checked my spam filter and did a complete search of my gmail account and haven't seen it at all nor has been able to forward me the email showing such.

 

[Gail in Georgia]

If you disagree with the amount of the security deposit kept, you write what is known as a "demand letter", demanding that part of the security deposit you believe you are fairly owed. It is best to do this is writing (not email), keeping a copy for yourself. In the letter you give the landlord a certain amount of time (say, two weeks after they receive the letter) to return the deposit to you.

If they refuse or do not respond to your satisfaction, your next step is to consider filing a lawsuit against the landlord. Such lawsuits are typically heard in Small Claims court (in New Mexico this would be "Magistrates Court") as they involve relatively small amounts of money.

You can present evidence that you received notification of the status of your security deposit one day after the deadline of you moving out at the hearing.

Gail