So, legally speaking, the answer to your question is yes, you can give them a warning (NM Stat § 47-8-33(A)).
Do it in writing.
I recommend you give the tenant the document personally, and if that is not possible, mail a copy to the property and post it on the front door (NM Stat § 47-8-13(C)(3)). You should also take photos or video of it if you can, along with explaining what the date is and explaining that if they do this again, you will have to move to an eviction.
Upvote if this is a clear answer
Downvote if this is not a clear answer
Create DocumentFull Conversation
Am I able to give my tenant a warning for removing the padlock for the second time?
I'm sorry to hear about the issue with your tenant. Have you already given them a warning for the first time they removed the padlock?
Yes.
Did you provide the first warning in writing, or was it a verbal warning?
Verbal.
Thanks for letting me know. Are there any terms in the lease agreement regarding alterations or changes to the property?
No.
Got it. Is there any damage to the property from removing the padlock?
No, but other tenants using the same lock go in and out of the property.
OK. Thanks for the info. How would you like to connect with the Lawyer?
Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation!
Why did they do it in the first place?
He blamed it on his son the first time, and today him and his friends were drinking and fired a gun (according to the other tenant). His friends took off in a hurry and took the padlock with them.
I'm so sorry about that! What state is this in?
New Mexico.
Understood! So you're just wondering what your rights are here, correct?
Yes, also to see if he was to remove the lock for the 3rd time, if I can provide a 30-day notice?
I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated.
So, legally speaking, the answer to your question is yes, you can give them a warning (NM Stat § 47-8-33(A)).
Do it in writing.
I recommend you give the tenant the document personally, and if that is not possible, mail a copy to the property and post it on the front door (NM Stat § 47-8-13(C)(3)). You should also take photos or video of it if you can, along with explaining what the date is and explaining that if they do this again, you will have to move to an eviction.
Is there a specific document to provide the warning?
Sure thing! No specific document. You may want to consider writing a formal demand letter that I think would work. I've uploaded a sample of what I am talking about. I have demand letter templates for sale for just $38. I can send a request to you through this site so you can accept, and I can upload it right here.
Thank you again.
For sure! Did I thoroughly address your question? Did I provide top-tier service to you? If the answer is no to either, please let me know so I can help! I just provided the letter to you.
Yes, you did! Thank you for your time.
