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  1. #1
    Join Date
    Sep 2015
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    Default Does a Landlord Have to Warn You About Complaints Before Issuing an Eviction Notice

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

    I just received* an 30 day eviction notice from my landlord who owns the condo we live in. He received* a notice from the complexes manager that we needed to be evicted for several complaints on us for having domestic* issues. Thing is we have never had one notice of any complaints after they were made or have we ever had any law enforcement* visit us for such thing or anything* else. On August* 7th the office manager told us we were doing good and they have had zero problems with us since we had an issue with our pet cat that we got rid of after that notice was recieved. But by August* 25th they sent the letter to our landlord to evict for several* complaints made for the domestic* issues.

    The complexes rules book states residents will be made of any noise issues had by security and if continues fines will be levied against owner. My question* is should we had to be notified after a complaints made so we could have a chance to fix or defend ourselves of the accusations* made? We had not had any domestic issues going on in our houshold, our neighbors* under us said we don't even make noise when asked, unit next to us had been vacate past 2 months till last week, and the security guard that is on patrol for 4 of the days in week has never had a complaint* reported on us. I haven't* yet asked other* security guard* here the other 3 days. But I have no idea who could of made any complaints* about us or why police have never been called if the problem is actually* happening. A second question I have is what should I do next or can I actually* do something to fight this eviction?

    I feel like my family* is being discriminated against* by not being allowed the same due process* of others thats noted to be tooken in the rules and regulations handbook for maybe being younger then most residents and/or having a young 5 year old child since not many other kids living here. It almost feels like they were not telling us anything about this this issue so we couldn't have a chance to do anything till it was too late, reason why we were told by manager that we fixed any problems they were having and doing so good. I didn't even have to get rid of our pet cat, pets are allowed, but we got complaints of her fighting at night when she was actually inside at time. She was a gift to my son from my mom a month before she pasted away and ment alot to our family but I just didn't want to be causing any problems for anyone.

    I can't believe after making such a sacrifice to make everyone else happier we are getting evicted for something we never did and kept in the dark about what was supposedly going on, leaving us with no chance to correct, defend, or protect ourselves from. We do not have the resources to find a new home in 30 days time and our son just started kindergarten across street. Our landlord says he likes us and doesn't want to do this but idk if thats true. He said he would give us our damage deposit back if were out on time and everything is cleaned up even though he doesn't have too since we're being evicted 6 months into our 1 year lease. Seemed like he was trying to give us incentive not to fight in court if ask me though.

    Please help, this has put such an extra burden on our family and we are lost what to do and where to start. Thank you everyone for your help and time. Also I forgot to add that the 30 day eviction was gave to me by landlord after he took our rent for the month which is the 30 days we have to leave by, idk if that was alright for him to do or not but since we're living here for that time I would think rent payment was still required to be made but not positive since he with held the eviction notice till right after i handed him the money.

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