Garcia v. Thong

895 P.2d 226 (1995)

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Nature of the Case

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Facts

D rented an apartment from P. D paid a damage deposit of $200.00. D terminated his tenancy, and P did not refund his damage deposit or provide him with a written statement accounting for the damage deposit. P filed suit in magistrate court seeking the sum of $1,763.05 for damages to the apartment. D counter-claimed for the return of his damage deposit. NMSA 1978, § 47-8-18 authorizes an owner to require that a resident pay a reasonable damage deposit. That deposit may be applied by the owner to the payment of rent and the amount of damages which the owner has suffered by reason of the resident's noncompliance with the rental agreement or Section 47-8-22 NMSA 1978. The owner must provide the resident with an itemized written list of the deductions from the deposit and the balance of the deposit, if any, within thirty days of the date of termination of the rental agreement or resident departure, whichever is later. If the owner fails to provide the resident with a written statement of deductions from the deposit and the balance shown by the statement to be due, within thirty days of the termination of the tenancy, the owner forfeit the right to withhold any portion of the deposit; forfeits the right to assert any counterclaim in any action brought to recover that deposit; and shall be liable to the resident for court costs and reasonable attorneys' fees; and shall forfeit the right to assert an independent action against the resident for damages to the rental property. The magistrate court entered judgment for Garcia in the amount of $908.00, and D appealed to the district court. The district court entered judgment for Garcia in the amount of $1,315.00. D appealed.