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Hi there,
I wonder if someone can give me some advice regarding my Landlord-tenant
dispute. To cut a long story short, I'm living a very poorly managed
apartment complex in New Mexico, which I'm trying to get out of. When I
moved in, the apartment was filthy, there were dozens of safety and
security issues, and half of the appliances were missing, or broken.
They fixed most of the stuff in about a month. That's not what the
dispute is about though...
On November 19th my bathroom ceiling started leaking. I called office,
and they sent someone out to look at it. AFAIK, they never did anything.
A week later, it started leaking really bad, so I called them up again.
This time, they simply replastered the ceiling and painted over it. A
few weeks later, the plaster was peeling off, the walls were brown, and
water was leaking through every time my 3 upstairs neighbors had
showers. I told them once again, and they REFUSED(!) to fix it. I sent
them a 7-Day Notice of Non-Compliance (see below), stating that if it
was not corrected within seven days, I'd be terminating my lease, and/or
taking further legal action. They certainly got their act in gear when
they saw that. Over the next few days a couple of plumbers were busy
working on the plumbing, and "finished" the job on Ja 5th. It continued
to leak i.e. it was still not fixed, but they had apparently made "a
reasonable attempt to remedy the non-compliance". The management has
looked at it a few times since then, but nothing has been done to fix it.
In a nutshell (again):
Nov 19th: First reported
Nov 26th: Reported again
Dec 29th: Reported again, and they refused to fix it!!!
Dec 30th: Sent them a 7-Day Notice of Non-Compliance (see below).
Jan 5th: Appeared to have completed repairs, but I could still hear
dripping on my ceiling - just couldn't see it.
Jan 24: It is worse now that it ever was, and they're taking their time
to fix it.
Here's an extract from the 7-day notice of non-compliance I sent them:
---- Begin Letter ----
Dear Sir / Madam,
You are herby notified that you are in non-compliance with both the
rental agreement and the Uniform Owner-Resident Relations act concerning
apartment number twenty-five in your community.
After three attempts to fix the problem of the water leaking from the
ceiling of the master bedroom, which was first reported on November
19th, it is still not fixed. From a visual inspection of the area, the
only repairs that seem have to be done are the re-plastering and the
re-painting of the water-damaged portion of the wall. Every time our
upstairs neighbors use their shower, the water leaks down into our bath.
In addition to this, the plaster and paint is now falling off into the
bath and onto the walls.
..
.. some
.. paragraphs
.. omitted
..
If this non-compliance is not corrected within seven (7) days from the
date set out over page, the rental agreement shall terminate and/or
further legal action may be taken.
---- End Letter ----
I have attached the appropriate parts of the Uniform Owner-Relations Act
below for those who can interpret law better than I! 47-8-27 NMSA 1978
(below) states that after delivering the 7-day notce, the rental
agreement shall terminate if reasonable attempt to remedy the breach is
not made in seven days. The certainly made an "attempt" within the first
week, but it's now nearly a month later and it's still an issue.
My question is this: Can I terminate my lease given that I gave them a 7
day notice on Dec 30th, and they finished the attempted repair on Jan
5th? Also, can I abate my rent? I understand that I can do so only if it
is a health/safety issue, and NOT a failure with an amenity then I can.
I a leaking ceiling, peeling plaster, and brown walls case for a
health/safety issue.
Appropriate info from Acts below:
I would certainly appreciate any advice on the matter. I'm eager to get
out of this hell hole as soon as possible.
Many thanks in advance,
Lee
---- Begin Act ----
Uniform Owner-Resident Relations Act
47-8-27.1 BREACH OF AGREEMENT BY OWNER AND RELIEF BY RESIDENT
A. Upon the failure of the owner to perform his obligation as required
by Section 47-8-20 NMSA 1978, the resident shall give written notice to
the owner specifying the breach and:
(1) if there is a material noncompliance by the owner with the rental
agreement or a non-compliance with the Uniform Owner-Resident Relations
Act (47-8-21 to 47-8-51 NMSA 1978) materially affecting health and
safety, the resident shall deliver a written notice to the owner
specifying the acts and omissions constituting the breach. the notice
shall state that the rental agreement will terminate upon a date not
less than seven days after receipt of the notice if a reasonable attempt
to remedy the breach is not made in seven days, and the rental agreement
shall terminate as provided in the notice. If the owner makes no
reasonable attempt to adequately remedy the breach prior to the date
specified in the notice, the rental agreement shall not terminate. If
the rental agreement is terminated by the resident and possession
restored to the owner, the owner shall return the balance, if any, of
prepaid rent and deposit to which the resident is entitled pursuant to
the rental agreement of Section 47-8-18 NMSA 1978.
(2) the resident may be entitled to abatement of the rent as provided
in Section 47-8-27.2 NMSA 1978.
B. Ignored..
C. The resident may also recover damage and obtain injunctive relieft
for any material noncompliance by the owner with the rental agreement or
the provisions of Section 47-8-20 NMSA 1978,
47.8.27.2 ABATEMENT
If there is a violation of subsection A of 47-8-20 NMSA 1978, other that
a failure in an amenity, the resident shall give written notice to the
owner of the conditions needing repair. If the owner is does not remedy
the conditions set out in the notice within seven days of the notice,
the resident is entitled to abate rent as set forth below (details ignored).
47-8-20 OBLIFATIONS OF THE OWNER
A. The owner shall:
i. Substantially comply with requirements of the applicable minimum
housing code materially affecting health and safety;
ii. Make repairs to do whatever is necessary to put and keep the
premises in safe condition as provide by applicable law and rules and
regulations as provided in Section 47-8-23 1978;
iii. Keep the common areas in safe condition;
iv. Maintain in good and safe working order and condition electrical,
plumbing, sanitary, heating, ventilating, air conditioning, and other
facilities and appliances, including elevators, if any, supplied or
required to be supplied by him.
---- End Act ----
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