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Good afternoon, forum-users! I have kind of a legal question. It's about renting in New Mexico.
I have pretty severe social anxiety and I've been having problems with my apartment's management. I haven't really said anything to them about this yet, because I've been trying to find out if it really is illegal, but they've been putting very vague notice of intent to enter notices on our doors. Now, I'm young and this is like my second apartment, so I'm not going to lie...I kinda have no idea what I'm doing.
First of all, I know that my social anxiety is my problem, and that I've got to deal with it on my own, and that my apartment management isn't here to make me happy, yada yada, so on and so forth.
Secondly, I'm probably misinterpreting the law I'm citing, so I'm sorry if I am. The reason I'm asking is because I don't know and would like to know...knowledge is power, you know.
Thirdly, I know I should talk to a lawyer about this, but that costs money and that's not something I have a lot of.
So my apartment has done this twice, now. They will put a notice on the door stating something along the lines of
Quote:
"Starting on Friday May 30, 2014 through June 6, 2014 TLC and a staff member form <my apartment> will need access to your apartment homes during our business hours to turn off your heater/furnace as summer is almost here. We ask that you please secure your pet(s) when you are not going to be home and also, that you disarm any alarm system you may have in your apartment home between the hours of 7am and 6pm. Please note that we are unable to make appointments these services for your. Thank you for your Cooperation, Management"
(Please note this is a direct quote from the last notice and not paraphrased!)
I don't know about anyone else, but I don't find an 11-hour time window when they may or may not come inside reasonable. Not to mention this is can happen on 4 different days! Not only that, but they can't tell me when they'll be here...just between these days.
Earlier, I found this law:
Quote:
47-8-24. Right of entry.
A. The resident shall, in accordance with provisions of the rental agreement and notice provisions
as provided in this section, consent to the owner to enter into the dwelling unit in order to inspect
the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply
necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, prospective residents, workmen or contractors; provided that:
(1) unless otherwise agreed upon by the owner and resident, the owner may enter the resident's
dwelling unit pursuant to this subsection only after giving the resident twenty-four hours written
notification of his intent to enter, the purpose for entry and the date and reasonable estimate of the
time frame of the entry;
(2) this subsection is not applicable to entry by the owner to perform repairs or services within
seven days of a request by the resident or when the owner is accompanied by a public official
conducting an inspection or a cable television, electric, gas or telephone company representative;
and
(3) where the resident gives reasonable prior notice and alternate times or dates for entry and it is
practicable or will not result in economic detriment to the owner, then the owner shall attempt to
reasonably accommodate the alternate time of entry.
B. The owner may enter the dwelling unit without consent of the resident in case of an
emergency.
C. The owner shall not abuse the right of access.
D. The owner has no other right of access except by court order, as permitted by this section if
the resident has abandoned or surrendered the premises or if the resident has been absent from the
premises more than seven days, as permitted in Section 47-8-34 NMSA 1978.
E. If the resident refuses to allow lawful access, the owner may obtain injunctive relief to compel
access or terminate the rental agreement. In either case, the owner may recover damages.
F. If the owner makes an unlawful entry, or a lawful entry in an unreasonable manner, or makes
repeated demands for entry that are otherwise lawful but that have the effect of unreasonably
interfering with the resident's quiet enjoyment of the dwelling unit, the resident may obtain
injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In
either case, the resident may recover damages.
Source: New Mexico Landlord Tenant Law
Does the bold #3 apply to this kind of notice?
The reason I'm asking is because I have anxiety attacks when someone knocks on my door, and have actually found myself hiding in my kitchen until whoever it was went away. Not knowing when they'll be here isn't something I can handle very well. I freak out. My dog doesn't stop barking until about 20 minutes after the people who came are gone, and I think that interferes with my quiet enjoyment of my apartment that I'm paying almost $800 a month for. (this is obviously wishful thinking I don't think it actually violates anything)
I have one hell of a time trying to talk to strangers on the phone and they recently changed management companies so I don't know people here, so calling the office to say something isn't really...viable, I suppose. And they don't have an email, so I can't email them. I can only put a note on the office door, or mail something, which I'd prefer. That way I have a paper trail that I told them it wasn't okay to do this.
And all I really want to know is: Are they violating my rights by not telling me what exact day and time they'll be coming in? I think it's ridiculous how they want people to just leave their apartments with their security systems off for 4 days without really telling any of us when they'll be here!
And lastly, in the event that they are violating my rights, that means I get to break my lease--but my lease has a clause in it that says if I terminate it early, I have to pay a certain amount of money, does that part of my lease still apply? My gut says no, since they broke the lease on their end I don't have to pay...but my gut isn't smart or a lawyer, so I don't know if I want to listen to it or not.
Thank you for any help!
Please note that rude replies that attack me will be reported and then you'll get a free spot on my ignore list!
This probably cannot help since you cannot speak to people on the phone. This, IIRC, is your 2nd post on this subject and in your initial one you mentioned you have a fiance. Maybe he/she can call for you.
This probably cannot help since you cannot speak to people on the phone. This, IIRC, is your 2nd post on this subject and in your initial one you mentioned you have a fiance. Maybe he/she can call for you.
Wow, someone really does need some help beyond social anxiety issues. I tried to offer you a suggestion and you put me on ignore? Just re-read you last thread. As Sabinrose stated, good luck getting help or answers with the attitude you have. Now you have a 2nd thread for this issue, after the 1st YOU asked to be locked. Good luck.
Wow, someone really does need some help beyond social anxiety issues. I tried to offer you a suggestion and you put me on ignore? Just re-read you last thread. As Sabinrose stated, good luck getting help or answers with the attitude you have. Now you have a 2nd thread for this issue, after the 1st YOU asked to be locked. Good luck.
And the reason I had that thread closed is because all it brought were personal attacks against me, no one helped, they just put me down and tried to make me feel like ****.
If I could post this question on a better forum, with more understanding people, I would. But unfortunately, that kind of forum doesn't exist.
Note: I am not an anxious person and fear very little in normal life so I am having a lot of difficulty comprehending your situation.
Not entirely factiously I suggest, when they knock on your door and announce who they are, you grab your dog then tell them to come in while you hide in the most remote bedroom closet. That will let them do their job as well as not add to your already overwhelming anxiety. After they leave you can then come out and resume your normal activities.
How am I supposed to know that your fiance cannot call for you? It was just a suggestion. You don't need to be so short and perceive that people are trying to make you feel like .****. Quit jumping to conclusions.
NM Legal Aid has an online application. Maybe fill it out and explain in the application your social anxiety issues and maybe they can provide you with an email of someone that can help you that way.
Again, quit jumping to conclusions. No one is putting you down. At least not me.
Note: I am not an anxious person and fear very little in normal life so I am having a lot of difficulty comprehending your situation.
Not entirely factiously I suggest, when they knock on your door and announce who they are, you grab your dog then tell them to come in while you hide in the most remote bedroom closet. That will let them do their job as well as not add to your already overwhelming anxiety. After they leave you can then come out and resume your normal activities.
I really appreciate you taking the time to try to see this from a perspective you don't use. I wish more people like you used the internet! Having anxiety is a lot like being afraid of everything for no real reason, and if you've never experienced it, there's no real way to describe it.
That's pretty hard to do with my dog, though...I have to get him upstairs, and the into his crate in the bedroom closet, or he will claw and try to get through the door to get to the 'intruders' in the kitchen. I do almost exactly this already when I have to let them in--and it doesn't really help because I don't like them being in my apartment without me watching them, that's how things get stolen. So long as I don't have to make actual conversation, I calm down once they're inside.
However thoughtful and kind, this answer doesn't answer my question, as I want to know if an 11-hour time window estimate is considered 'reasonable.' I already know several steps I can take to try to reduce my anxiety (none of them really help).
The point is not my anxiety, it's that I feel they are not only violating my rights as a renter, but the law as well.
(Beyond this line isn't directed at your answer, GregW!)
I mean, if you had to wait 11 hours to meet the cable guy, or gas tech, you'd be upset, right? Because don't reasonable companies know to tell you "We'll have a guy out there between 1pm and 4pm", not "Someone will be there during our business hours"?! At least that's what thought happened when my mom had to set anything up at the house I grew up in. Otherwise, she'd set up an appointment...
I understand that apartment life is different, but it feels super-violating to have people coming in and out of the apartment, especially when I'm home alone, without me knowing. If I knew for sure the guy was going to come today to turn the heater off, I'd be fine. I'd know that it was him when he knocked, and I'd be able to prepare myself for it. But having to do that every day the office is open for the next week is going to be really draining.
Urg...so frustrating.
Drop a note off at the office telling them what you just told us - you have social anxiety issues and have to crate the dog prior to allowing anyone inside. Ask them if there is anyway they could at least give you a specific scheduled day, and preferably the first unit of the day, so you could have everything ready. Or, if they could make your unit the last one of the batch, and again, ask for a more specific date/time or a call on your cell when they get to the apartment on the list just before yours.
I understand their not being able to give residents specific times in the notices, they're probably doing these in batches and you never know how long each switchover will take until you open up the units and see what condition the units are in. But it wouldn't hurt to ask for specifics.
And don't rent a place with a swamp cooler in the future. Get a regular A/C rental.
I'd try to arrange something with TLC directly. Or have a qualified person turn off the furnace yourself according to your schedule.
Quote:
Originally Posted by yukon
And don't rent a place with a swamp cooler in the future. Get a regular A/C rental.
Doesn't make a difference since they're turning off the furnace.
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