So, picture this: I’m peacefully asleep in my own home, recovering from a long night at work. Suddenly, I wake up to the sound of a man’s voice in my kitchen. I hear papers shuffling in my back office. Cue the panic – am I being robbed?
In a naked dash of bravery, I grab my trusty 9mm pistol and confront the intruder. Turns out, it’s just the landlord doing an “inspection”. Inspections at 9 AM? Not cool, dude.
Fast forward to the next day, my car gets mysteriously towed. Retaliation much? And then, the cherry on top: a notice threatening to evict me for defending myself.
Now, I need your help:
1) What kind of lawyer should I even look for in this mess?
2) Do you think I stand a chance against this eviction threat?
3) Can I claim damages for the emotional rollercoaster they put me through?
Let’s brainstorm, share advice, and see if I can make it out of this absurd situation in one piece. Don’t leave me hanging – jump in and help a naked neighbor out! #JusticeForSleepyHomeowners 🤔🔫🛏️
1. You need a landlord/tenant attorney.
2. If the property management can verify that notice of entry was provided to you, their entry for inspections was lawful. Under those circumstances, approaching them with a deadly weapon is absolutely problematic.
3. Arguably, the best outcome you can hope for here is to avoid having an eviction on your record, especially one based on an alleged unlawful use of deadly weapon. To that extent, you might consider speaking to the management about negotiating time to vacate in lieu of an eviction action being filed against in you in court.
This is a shitty situation all around, but this is not a police matter from your standpoint. The only real question is whether notice of entry was actually provided. If it was, the eviction cause is valid. If it wasn’t, the only real violation here would be failure to notify, which does not warrant use of a deadly weapon in response.
This certainly sounds like a “get a lawyer” situation. If this is a simple misunderstanding or if the landlord is using this as a pretext to evict you, hopefully all you need is a response on the lawyers letterhead stating the facts to make it go away. But there are too many potential mines in the field to handle this yourself.
In the future, you may also want to add a chain or deadbolt to your door that you can use while you are at home.
New Mexico Legal Aid’s Renters’ Guide. I’d link it but not sure if it’s allowed. A Google search will bring it up. It covers everything, including retaliation as a defense if you can prove it.
It says “unlawful use of a deadly weapon”.
Who’s to say it was unlawful? You confronted what you believed to be an intruder.
Have you tried just going to the office and talking to the primary property manager?
It is amazing what can be worked out with a civil conversation.
The most important thing you can do immediately is respond to the notices and file the appropriate responses to the notices in court. Without those responses, you will likely have a summary eviction. That will be much harder to deal with.
You can file responses with out a lawyer
You can find the forms on the court website. This will protect you while you get a lawyer, as that will likely take a few days. The lawyer will be able to amend your responses later.
1: You should get a landlord/tenant attorney, potentially a criminal attorney too
2/3:
NMSA 47-8-24 provides the landlord the right to enter after giving a 24-hour written notice, unless otherwise agreed. 47-8-13 requires that notice to be hand delivered to you or mailed, even if the notice has also been posted (posting of notice alone is sufficient only for non-payment of rent). Given that they said they posted a notice on your door, that’s not permissible notice of entry unless your lease agreement specifically permits it.
47-8-3 defines a substantial violation to include the unlawful use of a deadly weapon, and 47-8-33(I) permits the landlord to terminate the lease for a substantial violation with three days’ notice. However, 47-8-33(L) provides that it is a defense that the resident took reasonable and lawful actions for self-defense.
What could be unlawful use of a deadly weapon? 30-7-4 is one criminal analogue – negligent use of a deadly weapon. That includes endangering the safety of another by using a firearm in a negligent manner. But were your actions negligent? Could depend on the criminal vs. civil negligence standards and it’s really up to the court to decide, but there’s a fair argument that you weren’t negligent.
As described in your post, you woke up to the sound of other people inside your residence. In response, you grabbed your firearm and approached them. Once they identified themselves as property management, you lowered your firearm. All those steps are arguably reasonable and not negligent, but a lawyer should be making that case for you.
Your damages would almost certainly be limited to not being evicted, but you should be prepared in any case that your lease won’t be renewed. Also make sure that if the police contact you regarding this, do not say anything – only assert your right to remain silent and your right to counsel.
The whole thing is weird. I’m a maintenance guy and I don’t sneak in anywhere. I knock loudly and shout ‘hello, maintenance! I’m here to…’ if I have to enter by myself.
Nevermind. OP has a history of just posting stuff to ruffle feathers. The way you refuse to check your email tells me that’s what this is
Why were they going through your papers?
A lot of leases prohibit tenants form having guns. In addition to getting a lawyer, you should read your lease