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Old 04-23-2013, 12:37 PM
 
53 posts, read 94,274 times
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I never had any problem of my life to get back my deposit of the place that I rented but let's said that my landlord try to screw me and don't want to give me back my deposit for false bogus reason.
In New Mexico, what can I do for get back my deposit by spending the less time and the less money in this problem?
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Old 04-23-2013, 12:51 PM
 
Location: Spokane, WA
850 posts, read 3,717,536 times
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What is the false or bogus reason?
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Old 04-23-2013, 12:52 PM
 
Location: Old Town
1,992 posts, read 4,062,159 times
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Quote:
Originally Posted by skullfun View Post
I never had any problem of my life to get back my deposit of the place that I rented but let's said that my landlord try to screw me and don't want to give me back my deposit for false bogus reason.
In New Mexico, what can I do for get back my deposit by spending the less time and the less money in this problem?
Did he give you a break down of reasons for keeping your deposit? IIRC, the landlord has 30 days of being provided a forwarding address to give you a breakdown on costs/reasons for not returning your deposit. Can he go after your for breaking your lease? From your other thread it sounds as if you broke your lease. From talking with a lawyer the courts here usually allow a landlord two months of rent in damages for a lease being broken.
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Old 04-23-2013, 12:56 PM
 
53 posts, read 94,274 times
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Quote:
Originally Posted by Sobefobik View Post
What is the false or bogus reason?
It's the case of a shared house with several roommate.
The reason can be not cleaning the common area or breaking some appliance of the common area.
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Old 04-23-2013, 01:01 PM
 
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The renting section of CD has a sticky at the top for all State Landlord/tenant laws. But basically, the lanlord has a certain amount of time to send you your security deposit along with an itemized, written account of any deductions ( carpet leaning, fixed a window, etc...).

If after the time is up you have not received it or they keep money and you do not agree with the deductions you have to go to the courthouse, go to small claims and file your complaint. You and your landlord will get a court date in the mail.

You have to go to court with proof to the contrary ( ie: dated pictures you took before you starting moving your things in. you can show the judge that that hole in the wall the landlord wants you to pay for was there before etc...). Then you get a judgement, may be in your a or maybe not. Do you have any reason to suspect they will keep it?

Some landlords will do a final walk through with you and have a form that you BOTH sign. That form notes any damage that can be seen. So if they do not put on the firm that a window was broken or carpet was ruined you probably will not have any deductions from them. Now, if the landlord then comes to find out you broke the oven and didn't tell him, they can deduct from that. That is why they have some time between you moving out and getting you your deposit ( usually 20-30 days, depends on the state)

If you find any error, DO NOT CALL your landlord. Everything must be in writing. I prefer certified mail so they can't say they never got it or their computer deleted the email because they thought it was spam.
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Old 04-23-2013, 01:27 PM
 
53 posts, read 94,274 times
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Quote:
Originally Posted by NMHacker View Post
Did he give you a break down of reasons for keeping your deposit?
I don't known yet if he will keep my deposit or not. I just want to known what to do in case.

Quote:
Originally Posted by NMHacker View Post
Can he go after your for breaking your lease?
No I didn't break my lease, I do every thing right.
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Old 04-23-2013, 01:31 PM
 
53 posts, read 94,274 times
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Quote:
Originally Posted by Ms_Christina View Post
The renting section of CD has a sticky at the top for all State Landlord/tenant laws.
Sorry what do you mean by CD?
Quote:
Originally Posted by Ms_Christina View Post
Do you have any reason to suspect they will keep it?
The way he acted when I move out but hopefully every thing will be fine.
I think he is just upset for some thing and it's more easy for him to make me responsible than to solve the problem the right way.
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Old 04-23-2013, 07:48 PM
 
1,624 posts, read 4,056,173 times
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CD = City-Data
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Old 04-24-2013, 01:11 PM
 
53 posts, read 94,274 times
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Quote:
Originally Posted by Ms_Christina View Post
The renting section of CD has a sticky at the top for all State Landlord/tenant laws.
Do you have the link to the renting section please?
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Old 04-24-2013, 01:57 PM
 
Location: Spokane, WA
850 posts, read 3,717,536 times
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Quote:
Originally Posted by skullfun View Post
Do you have the link to the renting section please?
//www.city-data.com/forum/renting/
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