All Forum Posts by: Sacha LaCoss

Long story short- I need a consult to understand my rights/responsibilities under New Mexico landlord tenant law due to a tenant caused fire where the tenant is now terminating lease under New Mexico law and demanding refund of rent and all deposits. Full story in the the landlord forum if you are curious. 

I don’t need any action by a lawyer at this point just need them to give advice.  Anyone use a Pre-paid legal service or recommend one? 

Or a lawyer willing to just explain my rights and responsibilities so I do not make a legal mistake out of ignorance for a somewhat reasonable fee? 

Thank you 

This happened Wednesday so nothing has been done yet other than reports and getting quotes for repairs.  Fire Captain at time of fire  said report would say her fault-accident. 

My agent indicated that we would be subrogating the costs to her insurance policy as we have the same insurance company but nothing in writing yet.  Our deductible is $1,000 should we end up having to do this under our policy. 

Lost rent is covered while repairs are done so I think I may get coverage for any I have to refund to her due to pro-rating mentioned above? 

Cleaning can start as most damage is from smoke but will take 7-10 days? Then I can have the damage to the floor/heater replaced. I am waiting for my agent to review the quotes I got and the adjuster to inspect (adjuster coming Thursday)  but expect to start next week sometime. 

Update:

Last month tenant wanted to break lease due to her losing some income and I offered her several options: 

Roommate, buyout of lease term or that we would re-rent and she would only be responsible until  the unit was filled. she declined.

Within 36 hours she of the fire she wanted to break lease which we declined as she was being provided coverage of her costs by the insurance company and I was not aware of this law. 

And now we received an email from her quoting this statute, saying she is leaving and her email also stated she expects all her deposits back as well as pro-rated rent back within 30 days. 

I was about to come post asking for recommendations for a landlord/tenant lawyer I could pay for a consult in Albuquerque when I saw Shawn’s post. 

I’m beginning to be suspicious maybe this was not an accident? 

I do not want to do anything I shouldn’t.  Do I need to pay her the prorated rents the date she moves out? 

Can I deduct  damages not caused by the fire from her deposits? What about utilities that she does not pay? 

Guess I need that lawyer consult.  Anyone have a recommendation of someone I could pay just to tell me what I can and cannot do/collect in this situation? 

Update: 

Condemnation in the lease does indeed have to do with eminent domain NOT with the house being condemned. 

I confirmed with my city/county that the house is not condemned in the building sense either. 

The tenants renters insurance will cover any of her housing costs that exceed her normal rent amount-she simply finds this inconvenient...As do I. 

Her insurance will also be paying us rent while repairs are made if it turns out it’s going to take that long and repairs run into another month. 

We have 5.5 months left on the lease and I would prefer not to try to rent it out in the winter.  The lease ends in May which is the best time for properties to be rented in this market, at least as far as we have found. I’m going to see how long the contractor thinks it will be to repair and make decisions from there. 

As for the heater the home does not have duct work so going to central heat would require major work and cost to us.  We are going to see what quotes look like and will consider this but I do not think we want to go this route. These heaters are very common in the area and tenants are used to them.  

I am wondering though if instead of replacing that heater we could switch over to another type that does not require ductwork like wall or base board heating-anyone done that? I know electric heat is more expensive but not sure I care. 

The last 24 outs was incredibly stressful but mostly because I had never had dealt with this situation.  I’ve learned a LOT and appreciate you guys as a sounding board. Thank you!  

It’s not dangerous, fairly common in older homes and was inspected and turned on by the gas company most recently in May.  They still make and sell them. It’s a heater that is installed in the floor of a house that runs on natural gas it is recessed in the floor under the house in a crawl space.  We lived there for 10+ years and it’s been rented for 10+ years with no issues but if you leave a couch cushion on top of it it will catch on fire eventually which is what happened. 

We provided the heater it is a part of the house-gas floor heater.  

My adjuster said that her insurance will be paying the difference to her in what it costs to be in a hotel while repairs are done vs paying the rent and she will get the difference.  She doesn’t want to stay in a hotel and wants to go lease another property.  

The fire was yesterday morning-I have had two contractors/mitigatiors companies  out within 24hrs and am waiting on quotes  and to find out what exactly needs to be repaired. 

County says property was not condemned by them but I have a message in to make sure the fire marshal didn’t either.  

The main heater (gas) was shut off and the gas meter pulled until the furnace can be replaced which cannot happen until  the cleaning is done and joists repaired ect..

Home located in Albuquerque current lease through May 2020

Tenants dog caused a fire by dragging a pillow over a gas floor heater 

Gas meter was pulled as the fire melted the safety cut off valve to the gas heater where the fire was. 

Tenant has renters insurance and I have home insurance through same company

My agent says he has spoken  to tenants agent and they will be subrogating  my claim to her liability  insurance when all is said and done. 

I’m still in 5e getting quotes phase and mitigation company told tenants probably 2 months till all repairs are done. 

Tenants insurance covers her place to live and covers our lost rent while repairs are done. 
Tenant emails me wanting out of the lease as she can’t pay rent on a place she can’t live in (which she won’t be nor will she be paying for her temporary living as far as I understand it.) 

  Our lease does say “if the whole or any part of the leased premises is taken over by any authority having power of condemnation, this lease agreement will end.  The tenant however is responsible for all rent and charges until such time that tenant vacates the leased premises” 

I just want to understand what I have to do in this situation-

Help! 

If I do not receive the deductible back from the tenants insurance can I use the security deposit to recover the costs of it? Between the regular deposit and pet deposit I have $1,350 deposits from the tenant and my deductible is $1,000

Rental is located in Albuquerque New Mexico 

So my tenant was not home and her dog broke out of the kennel and dragged things all over the house including a couch cushion over the gas floor furnace. Neighbor heard the alarm saw smoke and Called fire department.   

Small fire-was easily put out-damage to wood floor-sub floor and furnace. Minor damage to one wall right next to the furnace.  They pulled the gas meter and fire captain explained what happened and that report will say tenant is at fault-accident.

Thankfully no one was injured not even the dog 

I filed a claim with my insurance  and tenant has renters insurance with same insurance company as me-State Farm she also filed claim of some sort or notified them. 

Lease states “if any required repair is caused by the negligence of the tenant or tenants guests the tenant will be fully responsible for the cost of repair/and or replacement needed“ 

Should this be claimed on my insurance? 

Does the tenant have to pay the deductible? 

I have never filed a claim against my homeowners insurance for a rental or my own homes so I am pretty clueless about the process or any pitfalls. 

Appreciate any advice or information you can offer.

Thank you,