Do you spend any time at all thinking about all the things for which you’re responsible as a landlord?
It can feel like an overwhelming list.
Landlord liability refers to the legal responsibilities landlords have towards their tenants. This includes maintaining a safe and habitable living environment, adhering to local regulations, and respecting tenants’ rights. Failing to meet these obligations can result in legal action, financial penalties, and damage to your reputation. None of those are good outcomes.
So, we’re here to help you understand your legal responsibilities when you’re renting out a property in Albuquerque.
Safety and Habitability
Under New Mexico law, landlords must ensure that rental properties are safe and habitable. This includes:
- Timely Maintenance and Repairs. Regularly inspecting the property and promptly addressing maintenance issues such as plumbing, electrical, and structural problems. These habitability issues cannot wait.
- Utilities. Ensuring that essential utilities like water, heating, and electricity are not only available in the property but functioning correctly.
- Smoke Detectors and Carbon Monoxide Alarms. Installing and maintaining functional smoke detectors and carbon monoxide alarms as required by law.
You’ll find yourself with a lot of extra risk and liability if you don’t disclose the presence of lead-based paint or mold issues. Make sure these addenda are in your lease agreement.
Security Deposit Liability
There are specific regulations governing security deposits in Albuquerque, and you will be held liable for any part of the security deposit that’s misused. You’ll also find yourself facing penalties and fines if you’re late in returning it to your tenant. New Mexico law doesn’t set a maximum amount for security deposits, but it’s generally recommended to keep it reasonable (typically one month’s rent). You’ll have to return the security deposit within 30 days after the tenant vacates the property, minus any deductions for damages beyond normal wear and tear. Make sure you’ve documented that damage well and itemized each deduction.
Albuquerque Eviction Procedures
Evicting a tenant is often justified, but it can create a lot of liability for a landlord, especially if you’re unsure of the procedures or the law. You’ll need grounds for eviction. Valid reasons for eviction include non-payment of rent, lease violations, or illegal activities.
You’ll also have to provide proper notice to the tenant before initiating eviction proceedings. For example, a three-day notice is required when you’re evicting for non-payment of rent. If the tenant doesn’t vacate after receiving notice, landlords must file an eviction lawsuit in court and obtain a judgment before forcibly removing the tenant.
Fair Housing Laws
Please don’t violate federal fair housing laws, which prohibit discrimination based on race, color, national origin, religion, sex, familial status, or disability. Albuquerque also has additional protections for sexual orientation and gender identity.
Protecting Yourself as an Albuquerque Landlord
There’s a lot of risk involved in renting out a property, but you can protect yourself with a clear lease agreement that outlines both the landlord’s responsibilities and those of the tenants. This can help prevent misunderstandings and disputes during the tenancy.
Respond to maintenance requests right away and keep detailed records of all communications, requests, and repairs. This documentation can be invaluable if legal issues arise.
Laws and regulations can change, so it’s essential to stay informed about current landlord-tenant laws in Albuquerque. Consider joining local landlord associations or attending workshops and seminars.
Working with an Albuquerque property management expert is the best way to reduce your liability and eliminate your risk. We can help. Please contact us at Bruni Karr Agency.
