Skip to main content

Landlord/Tenant Problems

COVID-19 Update on Evictions

Administrative Office of the Courts
FOR IMMEDIATE RELEASE
March 24, 2020
Contact: Barry Massey, public information officer
bmassey@nmcourts.gov
505-827-4805
505-470-3436
Supreme Court halts eviction orders in landlord-tenant cases
Under the Court’s order, judges will stay the execution of writs of restitution that property owners can obtain and give to law enforcement to force the removal of a tenant. Tenants will need to provide the court with evidence of their current inability to pay their rent.
“New Mexicans are struggling financially as workplaces close because of the public health emergency,” said Chief Justice Judith K. Nakamura. “The Court’s order will provide temporary relief for families and individuals facing the possibly of losing their housing at a time when the governor and public health officials have ordered New Mexicans to remain at home to prevent the spread of COVID-19.”
The Court’s order is the latest restriction and precautionary measure imposed on operations of state courts to protect public safety and safeguard the health of New Mexicans. Other measures provide New Mexican additional time to pay fines and fees, require the use of audio and video teleconferencing for court proceedings that need to continue and allow self-represented litigants to submit case filings to local courts by email and fax to help them avoid courthouse visits.
For more information about COVID-19 updates and the courts, please visit the NM Courts website.

Student tenant issues in Las Cruces

According to the City of Las Cruces 2016-2020 Consolidated Plan, pursuant to federal HUD requirements, there are almost as many renter households as owner households here.  In 2015, there were an estimated 17,611 renter households and an estimated 23,439 owner households.  So being a landlord is big business here.  The City found that for poor neighborhoods, including those near NMSU, “by far the largest housing problem…was cost burden and severe cost burden.  Renter households were more likely to be both severely cost burdened and cost burdened than owners.”  Cost burdened is defined in the report as households paying between 30% and 50% of their income for housing and severely cost burdened is when you’re paying 50% or more of your income for housing.

Have you been turned down by a landlord?  Let us know!  Sometimes landlords get information about the wrong person.  The Federal Trade Commission cracked down on a company that provides screening information to landlords nationwide, RealPage.  The agency found violations of the Fair Credit Reporting Act and RealPage paid $3 million dollars to settle it. https://www.ftc.gov/news-events/press-releases/2018/10/texas-company-will-pay-3-million-settle-ftc-charges-it-failed.  In that case and others like it, screening information was wrong, like a criminal record on a different person with the same name.

Before you rent, be sure to check reviews of landlords on web sites and apps such as apartmentguide.com and Yelp.  Also look at news articles in the Las Cruces Sun-News.  For example, in September, 2018, they ran an article about a class action lawsuit against a landlord on West Picacho Avenue.  When you move out, consider posting a review.