New Mexico Addendum to Apartment Lease Regarding Mold: A Comprehensive Guide Introduction: The New Mexico Addendum to Apartment Lease regarding Mold is a legal document that aims to address the presence of mold in rental properties within the state of New Mexico. This addendum provides detailed information and guidelines for landlords and tenants, ensuring proper precautions and responsibilities are followed regarding mold prevention, detection, and remediation. Key Points: 1. Mold Disclosure: This addendum requires landlords to disclose any known presence of mold in the rental property to the tenant before signing the lease agreement. This provision helps protect the tenant and ensures transparency from the landlord in regard to any potential health risks associated with mold exposure. 2. Mold Prevention: The addendum emphasizes the need for landlords to take preventive measures to minimize the likelihood of mold growth. This may include regular property inspections, addressing moisture issues promptly, proper ventilation, and maintaining adequate humidity levels. 3. Tenant Responsibilities: The addendum outlines the tenant's responsibilities in preventing the growth and spread of mold. Tenants are expected to maintain the property in a clean and sanitary condition, promptly report any signs of moisture intrusion or mold growth, and permit access to the landlord for inspections and necessary repairs. 4. Reporting and Remediation Process: In the event of mold growth during the tenancy, the addendum sets forth the reporting process to be followed by the tenant. Upon receiving the report, the landlord must respond promptly and initiate the remediation process to restore the affected areas to a mold-free condition. 5. Tenant's Health Concerns: If the presence of mold poses a significant health risk to the tenant, the addendum allows the tenant to request temporary relocation while the remediation process takes place. The landlord is expected to assist the tenant during this period and ensure their well-being. 6. Renewal and Termination: The addendum may specify the terms by which both parties can renew or terminate the lease agreement in the presence of persistent mold issues. It may grant specific rights to the tenant to terminate the lease with proper notice if the landlord fails to address mold-related concerns adequately. Types of New Mexico Addendum to Apartment Lease regarding Mold: 1. Basic Mold Addendum: This version of the addendum focuses on the essential mold-related guidelines, such as disclosure, prevention, and remediation. It is suitable for general residential properties. 2. High-Risk Mold Addendum: This addendum is specifically designed for rental properties located in areas prone to mold growth, such as humid regions or properties with past mold issues. It incorporates additional measures and provisions to safeguard against extensive mold exposure. 3. Customized Mold Addendum: Certain landlords or property management companies may create customized addendums tailored to their specific requirements. This could include additional clauses, responsibilities, or restrictions based on the property's unique circumstances or previous mold-related incidents. Conclusion: The New Mexico Addendum to Apartment Lease regarding Mold outlines the necessary steps for both landlords and tenants to address and mitigate mold-related risks effectively. By adhering to this addendum, parties can ensure a safer living environment and maintain a harmonious landlord-tenant relationship while prioritizing health and well-being.
New Mexico Addendum To Apartment Lease regarding Mold
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This may include dangerous hazards, like infestations, holes in the floors or walls, exposed electrical, or a broken furnace in the winter. Non-working cable television or out-of-date appliances typically do not make a rental uninhabitable, unless there is a dangerous condition associated with them, such as a gas leak.
The New Mexico Supreme Court entered an Order suspending evictions for non-payment of rent during the pandemic. Tenants continue to owe the rent. The suspension is temporary. Landlords can still file in court to evict you, and the courts will still hold eviction trials.
Landlords in New Mexico are required to provide a safe and habitable living space and make requested repairs in a reasonable amount of time (7 days).
Tenant Responsibilities in New Mexico Apart from paying rent on-time promptly, New Mexico tenants must: Keep the unit clean and in habitable condition. Comply with all building and housing codes. Dispose of all waste.
Landlord property management and repairs In writing they are required to state what they're going to do and by when. If the landlord doesn't respond, the tenant can report the problem to their Local Authority, who can issue the landlord with a notice to fix the damp and mould.
Withholding rent You may wish to withhold rent to try to force your landlord to take action about something, such as repairs. If your landlord is failing to provide a service that you are paying for as part of your rent (for example cleaning, gardening or meals) you should only withhold the money covering that service.
If there is mold in your apartment, you need to notify your landlord immediately. You might also consider asking your landlord to bring in a professional mold inspector. Mold usually grows in difficult to see places, like behind walls or appliances, and the professionals will have equipment to detect it.
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.
Tenant Rights to Withhold Rent in New MexicoTenants may withhold rent if a landlord fails to take care of important repairs, such as a broken heater.
