Sublet Deposit

[sjiada]

My question involves landlord-tenant law in the State of: New Mexico

I sublet my house with permission of my landlord to another individual for 8 weeks. We did not sign a legal contract, and I was wondering if rental law applies to this type of situation. I told her that I will be cashing her deposit for utilities and cleaning charges. She is complaining that I am not allowed to do this as it has been more than 30 days since she moved out. However, I'm not sure whether this law applies to our situation because we did not have a legal agreement. In addition, the money is being used to cover fees that she incurred during her time at my house (gas, electricity, water). How can I determine the legality of our subleasing agreement and whether the law requiring a landlord to notify the tenant within 30 days of the status of a deposit applies to the situation? I am also thinking that this amount of money is covering charges that are not related to the rental property itself, since it is for utilities that I paid and need to be reimbursed for. Is it reasonable to call this a reimbursement instead of a deposit?

[Mr. Knowitall]

An oral, month-to-month tenancy is still a tenancy, and you're still bound to follow the law when it comes to making claims against a security deposit.