There are conflicting opinions among the judiciary and some believe that without a written lease agreement, the Uniform Owner-Resident Relations Act cannot be enforced. Others honor verbal agreements. Nonetheless, it is important to have a written lease agreement because both parties are better protected. To go to court without a paper trail is risky. Oral agreements are difficult to enforce by either side, meaning one side cannot request certain things be enforced; vice-versa applies to the other side. Examples: Can you have pets? Who's responsible for paying the utilities? Am I allowed or entitled to a grace period for paying my rent? These are only some of a lot more issues that can arise from not having a written contract. A written agreement, or lease, may provide for periodic renewal, or for a fixed term, such as a six month or one year lease.
To end a month-to-month tenancy, the landlord or the tenant must give 30 days advance notice at the beginning of the next rental period. Similarly, seven days advance notice is necessary to end a week-to-week tenancy. A written fixed-term lease may or may not require giving notice before the termination date.
A landlord cannot charge a tenant more than one month's rent as a deposit on any lease of less than a year. If the lease is for a year or more, the landlord may collect a deposit of more than one month's rent; but if he does so, he must pay the tenant current passbook interest on the whole deposit.
To avoid disputes at the end of the tenancy, the landlord and the tenant should, at the move-in, inventory the furnishings and condition of the unit, and co-sign such a list.
The tenant may not use the deposit to cover the last month's rent, although the landlord may apply it toward rent unpaid. A deposit, by definition, is refundable. The landlord must have suffered actual losses in order to withhold any part of the deposit.
The landlord has 30 days from the end of the tenancy in which to return the deposit or an itemized list of deductions plus any balance. The tenant must provide a forwarding address where he or she may receive this accounting.
If a landlord does not send an itemized statement to the tenant within the 30 days of the tenant properly moving out, i.e., giving proper notice, 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. The tenant could have incurred $10,000 in damages, but if the landlord does not meet the 30-day requirement, he loses the right to claim the damage. If a tenant breaks the lease or does not give a proper 30-Day Notice, the landlord has 30 days from the day the rental unit is re-rented to send an itemized statement to the tenant. If not, the landlord forfeits the right to the deposit. In case there is no forwarding address, the law requires the itemized statement be sent to the last known address.
If the landlord has violated a local housing code or any other obligations as listed above, the tenant may give a written notice describing the problem, and stating that if no reasonable attempt is made to remedy the problem within seven days, the tenant will abate (reduce) the rent. The law does not provide a formula for determining a "reasonable abatement," so the tenant must base this either upon his or her own reasonable repair costs, or upon a calculation of the fair market rent for the premises, in light of the repair or maintenance problem. The state statutes which were made law in July of 1995, clearly define what type of compensation the tenant may be entitled to. Example: If the dwelling unit is habitable, then only (1/3) per month on a pro-rata-basis until all things are remedied. Other is 100% deductible from rent only if the dwelling unit is uninhabitable by the tenant. In either case, the tenant has to give the landlord proper written notification indicating what problems need to be repaired or replaced by the landlord.
Under some circumstances, with legal assistance, the tenant may wish to seek an injunction to force compliance by the landlord, or to restrain him or her from some action, so the tenant may have legal grounds to seek damages. The tenant may also sue for recovery of the deposit.
The law also entitles the landlord to sue for damages or injunctive relief when necessary.
A statute which pre-dates the Owner-Resident Relations Act entitles the landlord to a lien on the tenant's property for unpaid rent. This lien is of dubious constitutionality.
Does the Owner-Resident Relations Act entitle the landlord to a lien? The revised state statutes state a NO LANDLORD LIEN STATUTE (47-8-36.1) On non-payment issues the landlord must give a three-day notice, then must go to court to file for a "writ of restitution of property" in Small Claims Court. After a landlord has received judgment for "x" amount of money owed from the courts, then the landlord can pursue other avenues to collect his/her money from the tenants (i.e., collection service, credit bureau, or file for garnishment of wages if possible).
Certain landlord's remedies are prohibited by law. The landlord may not lock the tenant out or remove his or her property without a court order; nor may the landlord shut off the tenant's utilities to enforce compliance with the rental agreement. If a tenant has complained to a government agency responsible for enforcing housing standards; or if a tenant has organized or joined a tenants' organization, the landlord may not retaliate by raising the rent, decreasing services or threatening to evict the tenant.
Referrals to legal assistance may be obtained though local lawyer referral services. Persons of low income may consult with their local branch of Legal Services or Legal Aid.
New Mexico Territorial Laws Chapter 47 Property Law Chapter 47, Article 8A Rent Control Prohibition
The landlord's remedies
When rent payment is past due, the landlord may give notice to the tenant that he or she has three days in which to pay or move out. If the tenant has breached the rental agreement in some other way, the landlord may give notice that the tenant has seven days in which to correct the breach or move out. If the tenant does remedy the breach, but is served a second seven-day notice of breach within six months, he or she must move at the end of the seven days, without opportunity to correct the problem. In the event that the tenant fails to move when required by proper notice (including proper 30-day notice), the landlord must seek a court order, or "Writ of Restitution," for a legally authorized eviction.
The law also entitles the landlord to sue for damages or injunctive relief when necessary.
I'm guessing that everything you'll need is in these lines, as well as in your contract with them. Go over both with a fine-toothed comb (and a bulldog of a lawyer), and get them out as soon as possible. Don't let that .357 Taurus out of your reach until they are gone... and even after.
Good luck, Sweet Sunflower!