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How to File a Complaint Against a New Mexico Landlord

Camila Lopez - New Mexico Landlord Complaints - March 6, 2024

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Contents

    If a dispute arises between you and your landlord, what options do you have? In this article, we go over 4 different ways you can file a complaint against your landlord, including:

    1.  sending a formal letter to your landlord,

    2. filing a government complaint with either a federal or New Mexico government agency that regulates landlords, 

    3. filing a BBB complaint, and  

    4. suing in small claims court.

    Did you know we have a free tool powered by AI that helps you create a complaint letter to a landlord? Check out our complaint letter tool.

    Common Types of Complaints and Lawsuits Against Landlords: 

    Here are some common complaints people have against landlords:

    • Your landlord refuses to return your security deposit after you move out.

    • The terms under your lease have been breached. For example, your landlord increases the rent before the lease term was over, breaching the terms of the lease agreement.

    • Your landlord has breached New Mexico’s implied warranty of habitability. Warranty of habitability means that regardless of any contradicting lease term, your landlord is required to keep your unit in a habitable condition at all times.

    • You are being harassed by the landlord.

    • You experienced discrimination based on your race, ethnicity, gender, sexuality, disability, familial status, etc. For example, you were denied renting an apartment due to your gender.

    • Your landlord refuses to make necessary repairs to the rental unit as per the lease terms.

    • Your landlord refuses to do anything about excessive noise or other issues you are having with your neighbors.

    Contact Your Landlord and Report a Complaint Directly

    For some issues, it may be worth speaking to the landlord directly.

    If you've never had issues with your rental before but now have complaints about common spaces, security deposit disputes, or other issues, start by sharing your concerns through email or phone. 

    If they ignore your informal requests, consider writing a formal letter, like a demand letter or complaint letter, as this way, you can outline your requests in the letter, and notify your landlord that you will seek further action if the issue is not resolved.

    Here are some other reasons why you should consider sending a formal letter to your landlord:

    1. Proof that you tried to resolve the problem out of court. If you end up filing a small claims action against your landlord, the judge in your case may ask you at your small claims hearing if you sent your landlord a demand letter before suing. By sending a written demand letter, there is a record of your attempt to settle that you can demonstrate to the judge.

    2. You may resolve the problem without going to court. A demand letter signals to your landlord that you are serious about the problem and willing to take action to resolve the problem. They know that it is cheaper to resolve the problem out of court so they may agree to resolve the problem. 

    3. Many city or government agencies would like to see that you tried to resolve the problem on your own before filing a complaint. You can provide your formal letter as proof of your efforts. 

    Did you know we have a free tool powered by AI that helps you create a complaint letter to a landlord? Check out our complaint letter tool.

    Here is a video on how our demand letter tool works:

    File a Complaint With the U.S. Department of Housing and Urban Development

    The U.S. Department of Housing and Urban Development (“HUD”) handles complaints against landlords who receive assistance from the federal government. If your landlord does not receive assistance from HUD, continue to the next section.

    HUD is a United States federal agency (HUD is also described as a cabinet department). HUD is responsible for addressing America's housing needs, enforcing fair housing laws, and more. For example, HUD runs the Multifamily Housing Complaint Line, which enables tenants of HUD-insured and -assisted properties to report complaints such as poor maintenance, dangers to health and safety, mismanagement, and fraud.

    Below are instructions for how to report a bad landlord to HUD:

    • To report a bad landlord to the Multifamily Housing Complaint Line, call toll-free at (800) MULTI-70 (800) 685-8470) / TTY (800) 432-2209.

    • Complaints of housing discrimination are handled by the Office of Fair Housing and Equal Opportunity (an office under HUD) at 1-800-669-9777.

    File a Complaint With the Appropriate State or City Agency

    You may be able to file a complaint against a landlord with a local government department in the city in which the property is located. 

    File a Complaint with the New Mexico Department of Workforce Solutions

    The New Mexico Department of Workforce Solutions is dedicated to preventing and eliminating discrimination, including housing discrimination. If you believe your landlord has discriminated against you, you can file a complaint online. For assistance filing your landlord complaint, call 505-827-6838 or email [email protected].

    File a Complaint with the New Mexico Department of Justice

    The New Mexico Department of Justice processes complaints regarding unfair and deceptive business practices and mediates disputes. If your landlord is a business, you can file your landlord complaint online here or by mail using this form to the address listed.  For certain landlord/tenant disputes, they may refer your complaint to a different agency in New Mexico. You can call the New Mexico Department of Justice before filing your complaint against your landlord 1-844-255-9210 to confirm that they will accept your complaint. 

    File a Complaint with the City of Albuquerque

    The City of Albuquerque processes landlord complaints for tenants regarding potential code violations for unsafe housing conditions. You can file your landlord complaint online. For assistance filing your landlord complaint, call 505-768-2000 or email [email protected]

    File a Complaint With the Better Business Bureau 

    The Better Business Bureau (BBB) is a non-profit that serves as an intermediary between landlords and consumers. You will not find an individual landlord on the BBB. The larger the landlord you rented from, the more likely they are to be found on the BBB

    Reasons why a large landlord would respond to a BBB complaint: 

    1. If the landlord is accredited with the BBB and doesn't respond to a BBB complaint, its accreditation may be revoked, and the complaint becomes part of its BBB profile.

    2. Landlords know that a BBB rating can be an important determining factor when a prospective renter is deciding to rent with that landlord.

    Consider Suing in Small Claims Court

    If you are still not able to resolve the problem you are having with your landlord, it may be time to consider suing your landlord in a New Mexico Small Claims Court. Small claims courts handle a variety of issues related to landlord/tenant disputes.

    Don't forget about our free tool powered by AI that helps you create a complaint letter to a landlord. Check out our complaint letter tool.

    Author

    Camila Lopez

    Legal Educator @ People Clerk. Camila holds a law degree and is a certified mediator. Her passion is breaking down complicated legal processes so that people without an attorney can get justice.

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