Question: We need some information. We consider ourselves good, decent landlords. We take good care of our properties and we've always had great tenants. This time, though, we have a tenant who has very little regard for our property. Our lease states that she is not supposed to smoke in the house. She does. Our lease also states that she can only have one cat. She now has four. We are really very concerned that she is destroying our house and we don't know what to do.

Answer: There are 52 statutes under Article 8 of The Uniform Owner-Resident Relations Act. Statute 47-8-33 clearly sets out what the landlord can do if the tenant is in material breach of the lease or the law. A material breach deals with health or safety issues.

You can give your tenant Civil Form 4-902. A civil form has been approved by the state Supreme Court for use. This form is a seven-day notice of non-compliance with the rental agreement (other than failure to pay rent.) It contains a first notice to the tenant and a second notice, as well. The first notice gives the tenant the opportunity to cure the non-compliance.

In your case, she must immediately stop puffing away in the house -- or she has to pack it up and leave within 7 days. The law goes on to state that if the landlord has cause to give the tenant a second 7-Day Notice of Non-Compliance within six months, the second notice does not give the tenant the opportunity to fix the problem. That second notice requires her to surrender the property in one week. Your tenant needs to find a good home for herself and her four kitties real fast.

Remember -- if your tenant does not comply with your notice or leave, your only next step is to file for an eviction in court. Only the court can force her and her four pussycats from the property.

You can pick up Civil Form 4-902 at my office or at the Magistrate Court.


Question: The $600 rent payment was due on the first and I didn't get it. I need the money to pay my mortgage. I was holding a $200 security deposit that I've already spent. My tenants have a pit bull in the house and they're not supposed to have dogs. They work all day and come home after midnight. I never gave them a written lease, so I they're only month to month. Can I call the Humane Society to have the dog removed from the house? Can I go into the house to see what's going on?

Answer: First of all, the law requires the landlord to provide the tenant with a written contract (statute 47-8-20 G.) Next, you didn't collect a decent security deposit. A wise landlord knows the deposit should be as close to one month's rent as possible.

You are not allowed to use the deposit money while the tenant is still in the property. The law (statute 47-8-18) states that it is to be used at the termination of tenancy or when the tenant moves out, whichever is last. Since there is no lease that states the tenants cannot have a dog in the property, what makes you think they can't have that sweet little set of jaws in the house? The right of entry law (statute 47-8-24) states the landlord can always enter the house in case of an emergency. You also can enter if you give the tenants a 24-hour notice and they don't refuse your request. If they refuse to allow access to the property, your only recourse is to go to court and ask the judge to either compel access or terminate that rental agreement. What you need to do right away is give your tenants a Three-Day Notice of Non-Payment of Rent.

That notice gives your tenant 72 hours from the time and date on the notice to either pay in full or leave. If they don't pay or leave, you'll have to take them to court -- only the court can force the tenants from the property. Once the tenant is out either voluntarily or by court order, the security deposit law kicks in. You'll have 30 days to mail them a security deposit settlement letter to the last known address -- or you'll forfeit the right to keep any of their money for any reason whatsoever. Since you collected so little money, they will most likely have a balance due!

If you have further questions, and/or would like a copy of the law, please don't hesitate to call our office.

Write Susan Turetsky, executive director of the New Mexico Landlord-Tenant Hotline, at 664 Alta Vista St., Suite A, Santa Fe, N.M. 87505, call her at 983-8447 or email her at nmhotline@aol.com.