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New Mexico Letter from Tenant to Landlord containing Notice of Termination for Landlord's breach of duties

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Multi-State
Control #:
US-858LT
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Description

Legal notice from tenant to landlord that because landlord has breached specific duties under the lease agreement and applicable law, tenant is terminating the lease agreement and moving out, with reservation of all rights and remedies for recompense against landlord.

Subject: Urgent Notice of Termination Due to Landlord's Breach of Duties Dear [Landlord's Name], I hope this letter finds you well. I am writing to you as your tenant, residing at [property address], in accordance with the lease agreement dated [lease commencement date]. Regrettably, I must inform you of your significant breach of duties as a landlord, which has created untenable living conditions and infringed upon my rights as a tenant under New Mexico law. Failure to promptly address these issues within [specify a reasonable time frame, e.g., 14 days] from the receipt of this notice will result in my exercise of my rights to terminate the lease agreement. Firstly, under the New Mexico Rental Property Act, the landlord is obligated to provide habitable premises. However, numerous hazardous and unsanitary conditions persist within the premises, including but not limited to: — [Detailed examples of specific issues such as mold, infestation, leaks, faulty electrical wiring, plumbing failures, etc.]. These recurring problems not only compromise my safety but also violate the implied warranty of habitability, making the property unfit for occupation. Despite my consistent reports [specify date and method of reporting] and your assurance of prompt repairs, no tangible action has been taken to remedy these issues. Additionally, your failure to fulfill your responsibilities regarding maintenance and repairs has resulted in a lack of essential amenities, compromising my well-being and impacting my daily life. For instance, I have been enduring [describe specific problems like non-functional heating/cooling system, broken appliances, broken windows/doors, etc.] without resolution. Furthermore, your negligence in upholding the terms of the lease agreement pertaining to property access, privacy, and security is deeply concerning. I have experienced several instances where unauthorized individuals have accessed the property without any notification or consent. Such breaches of privacy and security pose a grave risk to my personal safety and well-being. In light of these ongoing breaches of your duties, I formally request that the following actions be taken in order for me to consider withdrawing this notice of termination: 1. Immediate remediation of all concerning issues within the property, as outlined above, by certified professionals within the specified timeframe. 2. Provision of a written assurance that all repairs and maintenance will be handled promptly and in compliance with New Mexico's landlord obligations. 3. Implementation of appropriate security measures to protect the property and ensure my privacy. Failure to meet these demands will leave me no choice but to terminate the lease agreement, pursuant to the provisions set forth in New Mexico law. Upon termination, I anticipate a full refund of any prepaid rent or security deposit within the time frame stipulated by the law. Please be advised that a copy of this notice will be retained for my records, and I will not hesitate to exercise my legal rights to seek remedies allowed under the law should you fail to address these issues adequately. I earnestly hope that it will not come to this, and we can resolve these matters amicably. I kindly request your prompt attention and immediate action to rectify the issues mentioned above. Thank you for your urgent attention to this matter. Sincerely, [Tenant's Name] [Tenant's Contact Information] Types of Letters: 1. New Mexico Letter from Tenant to Landlord Containing Notice of Termination for Landlord's Breach of Duties: This letter specifically highlights instances where the landlord has breached their duties under New Mexico landlord-tenant laws, adversely affecting the tenant's living conditions, safety, and rights. It demands swift action to address the issues or warns of imminent lease termination. 2. New Mexico Letter from Tenant to Landlord Containing Notice of Termination for Ongoing Maintenance Neglect: This version of the letter focuses primarily on the landlord's failure to address maintenance and repair issues within the property, rendering it uninhabitable. It emphasizes the violation of the implied warranty of habitability and requests urgent remedial actions, failing which the tenant reserves the right to terminate the lease agreement. 3. New Mexico Letter from Tenant to Landlord Containing Notice of Termination for Privacy and Security Breaches: This type of letter highlights instances where the landlord has neglected their obligations regarding property access, privacy, and security, which has compromised the tenant's safety and well-being. The letter demands immediate rectification of breaches and outlines the tenant's intention to terminate the lease if the issues persist unresolved.

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FAQ

Illegal Landlord Actions: How Landlords Can Get in TroubleLocking Tenants Out Without Going to Court.Entering the Property Without Notice for Non-Emergencies.Retaliating Because of a Complaint.Raising Rent Without Required Notice.Retroactively Raising Rent.Raising Rent Above the Limit.More items...

Law Access New Mexico. A free telephone legal helpline as well as online information source for low-income New Mexicans with civil legal problems including landlord/tenant issues such as eviction, repairs and security deposit. 1-800-340-9771.

Law Access New Mexico - 1-800-340-9771. Landlord & Tenant Hotline - 1-505-930-5666.

Dear (Name of landlord or property manager), This letter constitutes my written (number of days' notice that you need to give based on your lease agreement)-day notice that I will be moving out of my apartment on (date), the end of my current lease. I am leaving because (new job, rent increase, etc.)

Landlords cannot enter tenanted properties without giving proper notice. Landlords cannot arbitrarily end someone's tenancy before the lease expires. Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.

Dear Landlord, This letter will constitute written notice of my intention to vacate my apartment on date, the end of my current lease. I am doing so because explain the reason if you desire, such as a large increase in rent. Please recall that I made a security deposit of $ on date.

Dear Landlord, This letter will constitute written notice of my intention to vacate my apartment on date, the end of my current lease. I am doing so because explain the reason if you desire, such as a large increase in rent. Please recall that I made a security deposit of $ on date.

If your landlord has taken an unreasonable length of time to deal with a particular repair, taking into account the size of the job and how long the job should reasonably take to organise, then you may have an argument that the landlord is in breach of contract.

State law regulates several rent-related issues, including late fees, the amount of notice (at least 30 days in New Mexico) landlords must give tenants to raise the rent, and how much time (three days in New Mexico) a tenant has to pay overdue rent or move before a landlord can file for eviction.

More info

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New Mexico Letter from Tenant to Landlord containing Notice of Termination for Landlord's breach of duties