Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I'd like to start off by stating I'm in New Mexico, and renting is terrible!
I have a few questions regarding my rights. I have 3 months left on my lease, but I don't think I can live through another week here!
I'm currently renting a studio loft, and I've got all of these problems...First of all, I've filed work orders for my kitchen lights being replaced (They take a very strange kind of light bulb that cost $40 each and I'm not buying 4 of them D:<), my ceiling having a leak and now a large chunk of popcorn ceiling is missing, and a broken garbage disposal. I've also been hearing a lot about cars being broken into and I keep seeing broken glass everywhere.
I've waited over 3 months for them to do anything about my garbage disposal (it stopped working, I repaired it after waiting 2 weeks for maintenance, and now it's completely dead) and the same goes for my lights. They were supposed to fix them when they fixed my AC a few months ago, but because they neglected to call me to tell me when they were fixing my AC I couldn't discuss replacing the bulbs with them at the time.
Here's the thing: My apartment complex has this online 'work order request' thing, where you get to tell them if they have permission to enter the apartment, if you want them to call you before they come, if you want them to discuss it, and all those fun things! When I filled one for my AC, we told them they did not have permission to enter the apartment, and they had to call to discuss the details. The next day, I was very sick and in bed. Maintenance came, and I heard them trying to unlock the door. We had recently changed our locks and never gave them our key, but they tried to enter anyway. Later in the day, my boyfriend who I live with got a call from the apartment telling us that they needed a new key to our apartment. When he asked about maintenance coming, they said they tried to enter 'today' but since they didn't have a key, they couldn't. Long story short, they don't pay attention to the 'no permission to enter' thing, so I'm certain that's in violation of my lease because I signed something that said they needed 24 hours notice or my permission to enter. Why would they have that on the forum if they were just going to ignore it?! The only reason it matters is because I have 2 dogs, one of them is a bit territorial, and I have to make sure they're put up in their crates when maintenance is coming over! We both work long days, so I don't like to keep them crated all day when I'm gone.
Is there anything I can do to demand repairs, or is this reason enough to move out without having to pay the outrageous fees for breaking my lease early? ($1300 bucks)
I've been getting strange headaches lately and I think it's from mold from either the ceiling being full of mold, or from mold being in my sink from it being backed up from a broken garbage disposal...
I can't do my dishes now and I'm starting to see gnats. I work while the office is open, and I don't have any contact information to contact them reliably (they take weeks to return calls unless you're wanting to move here!)
Please give me any help you can! I'm new to renting, and don't really know where to go to get help.
In my personal opinion, based on what you've said I think it would be difficult to break the lease based on what you've described. Breaking it down point by point:
Light Bulbs: Although it's unfortunate the light bulbs are so expensive, unless it's specifically stated in your lease that management / landlord will be responsible for changing the bulbs, you're probably out of luck. Light bulbs, even tricky ones, are usually the responsibility of the tenant. Is it possible just to change 1 light bulb out to give you enough light in the kitchen for the next 3 months?
Ceiling Leak: This could be an out. Is the ceiling still leaking? If the ceiling is still leaking whenever it rains (or from a pipe or whatever the source was) and they didn't repair the leak, you could potentially get out of the lease if it's a big enough issue to affect the livability of the space. However, if the leak has been repaired, and it's just a cosmetic issue remaining- then as annoying as it is, it doesn't affect the livability of an apartment. The house DH & I rented before buying, had a major roof leak- although the leak itself was fixed, the ceiling was never cosmetically repaired
Garbage Disposal: Unless it was specified in your lease that the management / landlord will provide and maintain a working garbage disposal, you're probably out of luck here as well. A garbage disposal definitely doesn't affect the livability- however, if it was part of your lease agreement, then you're entitled to a working one within a reasonable time frame (within about 2-3 weeks or so of reporting it).
Entering Your Apartment: That one time, it could have been an honest mistake but I hope you took it up with the management company and put a complaint in writing at the time! Either way, since maintenance didn't actually enter the apartment as they weren't able to, I doubt you have a case here. Also, landlords / maintenance are able to enter a premises in case emergency repairs in most states, without notice. I agree that the AC probably wasn't an 'emergency' per se, but depending on the weather there, they may try to argue as such.
Changing your Locks: I'm not sure about New Mexico law so someone else may be able to better fill in here, but I was under the impression that in most states, a tenant cannot under any circumstances, change their own locks without express permission from the management / landlord. If you did get permission, you should have given them a new key the day it was done.
Mold: There are different types of mold- not all molds however are toxic. Have you seen any physical signs of mold? Either way, here is information from New Mexico Health regarding tenant responsibilities when it comes to mold: NM Health- Renters (scroll to page 2). If you think your health issues are due to the mold, see a doctor to attempt to confirm it.
Garbage Disposal Issue (again): So, due to the clog in the disposal, no water can drain down it at all now? There are a couple of things you can try (again, a clogged disposal isn't a livability issue). Assuming you only have a single sink, pour a box of Baking Soda down the disposal (if you have a double sink, pour half down each side). Then, pour a bottle of White Vinegar down the disposal (3/4 down the disposal side, 1/4 down he other side with a double sink). Wait 30-60 minutes and then run hot water down the disposal (and other side if double). This should clear any food waste obstruction and should also get rid of the gnats, easily and cheaply. If it doesn't get rid of the gnats, pour bleach down the sink. This will also assist with any odors that may be caused by a backed up disposal. At least then you'll be able to wash your dishes and keep a clean kitchen until they're able to repair/replace the disposal!
Contacting your Landlord: Although the online method is what a lot of rental management companies use these days it may not be the most reliable method. While it's an inconvenience, if these issues are really bothering you, put any future requests in writing and send them by certified post. That way you'll have official proof that you contacted the landlord on a certain date, and proof that they received the request.
Most states allow landlords to rectify issues within a timely manner.
Good luck and I hope things improve for you!
Last edited by glamatomic; 09-30-2013 at 12:01 AM..
I have a few questions regarding my rights. I have 3 months left on my lease, but I don't think I can live through another week here! It'd take more than 3 months to report, work through, and achieve remediation for all the issues you mentioned. If you've not yet begun researching new apartments, then get cracking.
I'm currently renting a studio loft, and I've got all of these problems...First of all, I've filed work orders for my kitchen lights being replaced (They take a very strange kind of light bulb that cost $40 each and I'm not buying 4 of them D:<), my ceiling having a leak and now a large chunk of popcorn ceiling is missing, and a broken garbage disposal. I've also been hearing a lot about cars being broken into and I keep seeing broken glass everywhere.
I've waited over 3 months for them to do anything about my garbage disposal (it stopped working, I repaired it after waiting 2 weeks for maintenance, and now it's completely dead) and the same goes for my lights. They were supposed to fix them when they fixed my AC a few months ago, but because they neglected to call me to tell me when they were fixing my AC I couldn't discuss replacing the bulbs with them at the time. What you have here is a failure to communicate. Reading this gave me a headache, it's impossible to tell to what extent the disposal, lights, and AC are causing you problems. What in the heck does replacing light bulbs have to do with your AC problem?
Here's the thing: My apartment complex has this online 'work order request' thing, where you get to tell them if they have permission to enter the apartment, if you want them to call you before they come, if you want them to discuss it, and all those fun things! Good for them! When I filled one for my AC, we told them they did not have permission to enter the apartment, and they had to call to discuss the details. The next day, I was very sick and in bed. Maintenance came, and I heard them trying to unlock the door. We had recently changed our locks and never gave them our key, you broke the law, this is illegal in New Mexico but they tried to enter anyway. Later in the day, my boyfriend who I live with got a call from the apartment telling us that they needed a new key to our apartment. When he asked about maintenance coming, they said they tried to enter 'today' but since they didn't have a key, they couldn't. Long story short, they don't pay attention to the 'no permission to enter' thing, so I'm certain that's in violation of my lease because I signed something that said they needed 24 hours notice or my permission to enter. Why would they have that on the forum if they were just going to ignore it?! The only reason it matters is because I have 2 dogs, one of them is a bit territorial right here you lost any remaining credibility you might have had, and I have to make sure they're put up in their crates when maintenance is coming over! We both work long days, so I don't like to keep them crated all day when I'm gone.
Is there anything I can do to demand repairs, or is this reason enough to move out without having to pay the outrageous fees for breaking my lease early? ($1300 bucks)
I've been getting strange headaches lately and I think it's from mold from either the ceiling being full of mold, or from mold being in my sink from it being backed up from a broken garbage disposal... mold depends upon humidity, in New Mexico that's uncommon, give it up.
I can't do my dishes now why not? and I'm starting to see gnats what do gnats have to with anything?. I work while the office is open, and I don't have any contact information to contact them reliably (they take weeks to return calls unless you're wanting to move here!)
Please give me any help you can! I'm new to renting, and don't really know where to go to get help.
Light bulbs in my bathroom are $3 each I just use the reg bulbs LOL I Rarely use garbage disposal. Wash dishes just fine course I dont toss food down the sink goes out with the trash! No Key is Grounds for them to Evict you! But not for you to leave! Cars being broke into again not LL problem & dont sound like your even sure thats whats happening. Glass means nothing! The rest I not sure of. BUT I do thing you need to follow the lease put your moving notices in on time find a place & move.
As for them Not Fixing things How can they when you wont let them in! You were home & could have lcrated the dogs & let them in to do their job but you didnt!!
That's another thing I forgot to mention in my post- the cars getting broken into in the parking lot are also not a reason for breaking your lease, and not the landlords responsibility. Crime happens everywhere, unfortunately.
I realize that you're new to renting so just see this as a learning curve. You are expecting too much from your landlord, it seems.
I realize that you're new to renting so just see this as a learning curve. You are expecting too much from your landlord, it seems.
I'd also suggest you read your state landlord tenant laws which you'll probably find linked in the first "sticky" on this forum - or use a search engine for "NM landlord tenant laws". It's really useful to know exactly what's legally expected of both landlords and tenants and how to properly/legally address maintenance, etc. issues.
Changing the locks is a big deal. You could have gotten people killed, if you were out and there was a fire in your unit that spread to other floors. It's a worst case scenario but yeah, don't do that.
Wash your dishes in the bathroom sink (wash the sink first!). Send a note to maintenance that your kitchen sink is clogged, water will not drain at all. Don't mention the disposal. A sink not draining will probably be higher priority to them.
Don't expect new light fixtures unless you offer to pay for the fixtures and the installation. For 4 fixtures, that will be around $200, maybe more.
Put a sign on your door that says, 'Warning: Dangerous dog. Knock before entering.' That should help with the overeager maintenance guys.
Warning Loose Dogs! Dangerous dogs is grounds for eviction & them being taken by animal control! I Cant believe you really care about the dogs since they could be burned up if there is a fire and No one has a key to rescue them...
It is a violation of the law for them to try to enter the apartment with out the proper notice or scheduling. Repeated documented violations of that provision can be grounds for terminating a lease.
Failure to repair the plumbing can be grounds for terminating a lease if it is extensive and documented.
Quote:
47-8-20. Obligations of owner.
A. The owner shall:
(1) substantially comply with requirements of the applicable minimum housing codes materially
affecting health and safety;
(2) make repairs and do whatever is necessary to put and keep the premises in a safe condition as
provided by applicable law and rules and regulations as provided in Section 47-8-23 NMSA 1978;
(3) keep common areas of the premises in a safe condition;
(4) maintain in good and safe working order and condition electrical, plumbing, sanitary, heating,
ventilating, air conditioning and other facilities and appliances, including elevators, if any, supplied
or required to be supplied by him;
The Landlord & Tenant Hotline provides information for tenants, landlords, property managers, attorneys, judges, and various housing suppliers in the Santa Fe area. The hotline responds to consumers and informs them of their rights and obligations under Federal, State, and Local law. The Hotline charges for all consultations. The current rates are:
$20 for tenants
$40 for landlords
$60 for lawyers
New Hours are:
Monday through Thursday - 9:30 a.m. to 3:30 p.m.
Fridays - 9:30 a.m. to 12:30 p.m.
Call the Landlord & Tenant Hotline at (505) 983-8447
Susan Turetsky, Executive Director
664 Alta Vista, Suite B
Pasatiempo Senior Center
Santa Fe, NM 87505
How can she Blame the LL for Not fixing things when SHE the one Not letting them in?? As I said Grounds for them to evict her not her to break a lease!
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
What in the heck does replacing light bulbs have to do with your AC problem?
