Last month rent in Santa Fe county: legal? (apartment complex, renter)

[skullfun]

When landlord ask for first month rent, security deposit and last month rent it's make a huge amount of money. In other country it's would be illegal. I guess it's probably illegal in other state in the US.

Is it legal to ask for a last month rent in New Mexico and more precisely in Santa Fe county?

[Poncho_NM]

New Mexico State law says that the landlord can ask for the first month's rent, the last month's rent, and a number of deposits. Landlords can require a reasonable deposit to
recover damages caused by a tenant.

I have been a landlord in the past. I always asked for first month's rent, the last month's rent, and a secuity deposit... This is pretty common.

REFERENCES:

Deposits | Law Help New Mexico
State Bar of New Mexico - Landord-Tenant Relations
New Mexico Landlord Tenant Law

Santa Fe county would not be able to override a state law.

[Dogmama50]

Some states or cities allow the landlord to ask for first, last and security, some allow for less, some allow for more. As a landlord I always ask for all 3, I don't want to rent to folks that have difficulty coming up with money before they even sign a lease. You might ask to spread out one of the payments in installments.

[GreatSantaFe]

skullfun - Like you've seen, it is entirely legal and common.
But you, as the renter, can decide if you want to pay it. If not, then look for another landlord who won't ask for a security deposit and/or last month month rent. I doubt you'll find many, but you might….

[mdmagana]

Definitely legal. I'm a landlord and depending on the neighborhood I would ask for all three as well. There are too many deadbeat renters in this town. My advice is this... if your credit score is really good, mention it to the landlord and let him run a credit check... that would be the best way to talk me out of charging the last months rent anyway.

[skullfun]

Originally Posted by mdmagana

There are too many deadbeat renters in this town.

Yes sure, and there is certainly as much as irresponsible landlord in this town.

Originally Posted by mdmagana

My advice is this... if your credit score is really good, mention it to the landlord and let him run a credit check... that would be the best way to talk me out of charging the last months rent anyway.

I think this is even worst, give your social security number to irresponsible landlord. Not an accident that there is so much identity thief.

[Dogmama50]

I always run a credit check on my tenants. If I am trusting my asset to a tenant I am going to check every detail possible to ensure it doesn't get destroyed. It seems like you are finding some bad places and people, you might want to try going through a management company or an apartment complex to avoid your issues in dealing with a private landlord.

[GreatSantaFe]

I agree totally dogmama. And of course there's also nothing to stop a renter from asking for references from a landlord. As in any contractural relationship both sides need to feel comfortable.