Ok, two weeks ago the apt above ours flooded damaging our unit and we had to change units. Nothing was our fault in this mainly it's because of the rediculously cheap piping that they use in the buildings. Two other units also burst pipes. Our lease is up 4/30. Anyway, management came by and said we have to move you the contractors have stated that the mold caused by the flood is unsafe. They hired movers and had them there the next day. We had no warning and had to pick up and go in like 48 hours. We had to stay in a hotel during the move because of the mold. Mgmt is willing to deduct this from this months rent. I requested that we be able to break the lease early because the unit we were moved to is a dump though the same floorplan. We moved to this complex because we got a brand new never occupied unit. Mgmt agreed and said they would waive the termination fee which is like $3,000. So we have been scouring ads and found a townhome to rent and want to move in 3/1. Spoke to mgmt about this today and they stated we still need to give 30 days notice. Which means I would have to pay 15 days in March, which I do not want to do. Now we have not signed a new lease in the unit we are currently in and it is my understanding the the old lease is specific to the old unit. So basically we are I guess squatting since we are living there without a signed lease. Now I am suppose to come in and sign on Friday but I would like to figure out my rights in terms of the old lease automatically expiring due to forcibly changing units. What should become of my deposit? Since I am not in any lease right now shouldn't I be able to just up and go at my leisure? Did being forcibly moved to another unit effectively terminate the old lease? I am calling a lawyer tomorrow to get advice but any thoughts are appreciated.
Or are you cleverly implying that watching the Rockets right now is like living in a moldy apartment? And that a trade to another dumpy apartment is like trading Lee for OJ Mayo?
Okay so after doing some research this is what I have found: 47-8-31. Resident rights following fire or casualty. A. If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the resident may: (1) vacate the premises and notify the owner in writing within seven days thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or (2) if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the resident's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit. B. If the rental agreement is terminated, the owner shall return the balance, if any, [of] prepaid rent and deposits recoverable under Section 18 [47-8-18 NMSA 1978] of the Uniform Owner-Resident Relations Act. Accounting for rent, in the event of termination or apportionment, is to occur as of the date of the vacation. Notwithstanding the provisions of this section, the resident is responsible for damage caused by his negligence. http://www.uslandlord.com/laws/nmstatelaw.html However more than seven days have passed and nothing in writing has been done by either party. The law doesn't get as specific as being moved to another unit but this concerns me that if I didn't give notice within 7 days my lease is still valid. How can it be if the property is uninhabitable?
I know I am just replying to myself here but maybe this depends on the definition of "premises" "premises" means facilities, facilities and appurtenances, areas and other facilities held out for use of the resident or whose use is promised to the resident coincidental with occupancy of a dwelling unit; Since I am still on "premises" who use was held out for me and promised to me for use, could I still just give 7 days notice to vacate?
