[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP Code] Dear [Landlord's Name], RE: NOTICE OF LEAKING PREMISES DURING RAIN AND DEMAND FOR URGENT REPAIRS I hope this letter finds you well. I am writing to inform you about a significant issue with my rented premises located at [address of the rental property] in Albuquerque, New Mexico. Specifically, I am experiencing severe leaks during rainstorms, which is greatly affecting the habitability of the property. Since my tenancy began on [start date of the lease agreement], I have consistently noticed leaks in various areas of the rental unit, especially during rain showers. These leaks have caused water damage to the ceiling, walls, and floors, leading to stains, mold growth, and weakened structures within the property. This consistent issue poses a risk to my personal belongings, as well as my overall health and safety. The excessive moisture and mold growth caused by these leaks have the potential to trigger allergies, respiratory problems, and other health issues. Moreover, the compromised structural integrity of the property can lead to further damages and make it susceptible to environmental hazards. As a responsible tenant, it is essential for me to maintain a safe and habitable living environment. Therefore, pursuant to our lease agreement and the applicable landlord-tenant laws of New Mexico, I kindly request that you take immediate action to rectify this situation. I demand that the necessary repairs be conducted promptly to address the leakage issue for the following reasons: 1. Avoid further damage: The leaks are progressively worsening, and failure to address the issue promptly may result in additional and costlier repairs in the future. This could negatively impact both the value of your property and the quality of my tenancy. 2. Health and safety concerns: The presence of mold and excess moisture due to the leaks poses significant health risks to me and potentially other tenants or visitors. Mold spores can cause allergies, respiratory issues, and other serious health problems, directly affecting the habitability of the property. 3. Compliance with lease agreement: As obligated by our lease agreement, it is your duty as the landlord to maintain the rental premises in good and habitable condition. Failure to address this issue promptly would be a violation of the terms outlined in the lease. In light of the urgency of this matter, I kindly request that you arrange for a professional inspection by a licensed contractor within 48 hours of receiving this letter. The inspection will allow for an accurate assessment of the required repairs, as well as an estimation of the associated costs. Once the inspection has been conducted, please promptly provide me with a detailed written explanation of the repairs needed and the timeline within which the repairs will be completed. While repairs are being carried out, I kindly request that you provide a suitable temporary accommodation, if necessary, to ensure my comfort and safety during this period. Please note that I expect these temporary arrangements to be at no additional cost to me. If I do not hear from you within five business days of receiving this letter or if the necessary repairs are not conducted within a reasonable timeframe, I will have no choice but to seek legal remedies available to me under the New Mexico landlord-tenant laws, including pursuing a reduction in rent or requesting termination of the lease agreement. Kindly acknowledge receipt of this letter and confirm your intentions regarding the aforementioned repairs and temporary accommodation arrangement as soon as possible. I am hopeful that this matter will be resolved promptly and amicably. Thank you for your immediate attention to this matter. Sincerely, [Your Name]
Albuquerque New Mexico Letter from Tenant to Landlord containing Notice that premises leaks during rain and demand for repair
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You can take your landlord to court if they won't deal with repairs in your home. You should only consider legal action as a last resort. If you do take legal action, the court can order your landlord to: carry out the repair work.
The New Mexico Supreme Court put a pause, or moratorium, on evictions for nonpayment of rent during the COVID-19 pandemic, but in Bernalillo County the moratorium ended on March 31, 2022. After that date, courts in Bernalillo County can now order tenants to move out for lease violations including missing rent payments.
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.
The writ of restitution is the tenant's final notice to leave the rental unit and gives them the opportunity to move out before the sheriff returns to the property to forcibly remove the tenant. If the court has ruled in the landlord's favor, the landlord will ask the court to issue a writ of restitution.
Lay a complaint with the Rental Housing Tribunal The Tribunal is set up in terms of the Rental Housing Act 1999 No. 50 and states that ?any tenant or landlord or group of tenants or in the prescribed manner lodge a complaint with the Tribunal concerning an unfair practice.?
Your landlord must make urgent repairs, like those just mentioned, quickly. Non-urgent defects that do not put your health and safety at risk should be made within 30 days.
When the landlord must commence to remedy the defective condition within ten days as provided in RCW 59.18. 070(3), the tenant cannot contract for repairs for ten days after notice or two days after the landlord receives the estimate, whichever is later.
Georgia law does not permit you to withhold your rent, but if you can prove that you gave the landlord notice of the needed repair, you can sue the landlord in court for failure to repair.
ATCP 134.06(1)(a)2 If requested, the landlord must provide this within 30 days, or within 7 days after they return the previous tenant's security deposit, whichever is later. ATCP 134.06(1)(b) This list may be helpful in recognizing other repairs that need to be done.
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).
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PS COC, Albuquerque, New Mexico, March 23, 1980. (Reported by Jim McCue and James M. Jones). A review of the original report from 1985 by Mr. McCue in 1985 shows he was told that this was a very rare case of clawing, but that it was due to a defective roof gable, not to the claw. Mr. McCue said all of his customers were satisfied by their experience with Mr. McFarland. We have talked over the reports of the original 1985 McFarland in detail with Mr. McCue, Mr. A.M. Brown and John Cushing of the A.C.A.A.S.A.T.D. The original 1985 McFarland reports are in the original file of Mr. McCue, who had it in his files at the Center for the History of America in the 1950s. The 1985 reports have been scanned from original documents. The 1985 reports cover McFarland's two years of service at the A.C.A.A.S.A.T.D. Bert Hensley A.K. A.K.A. “The Flying Pig” Bert Hensley's airplane was used in one episode of Dragnet.
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