Interrogatories

[Srylant1]

What is the name of your state? New Mexico small claims. I am suing my landlord for willful and deliberate leasing of an in habitable unit. The hot water variance in the unit was very unstable to bathe. I broke my lease after 1 month and have been granted discovery of 15 interrogatories I need help

 

[quincy]

What sort of help do you need with the interrogatories? We cannot on this forum help you draft questions. You will need to seek legal assistance from a lawyer licensed to practice in your jurisdiction.

 

[Srylant1]

thank you

 

[quincy]

You're welcome. Good luck.

As a note: You apparently mean "uninhabitable" not "inhabitable." Inhabitable and habitable both mean it is fIt for living in. Uninhabitable means it isn't.

 

[HRZ]

Just as an aside what relevant law or code defines the specific quantity of hot water or the required temperature of same or allowable variance ?

 

[quincy]

Just as an aside what relevant law or code defines the specific quantity of hot water or the required temperature of same or allowable variance ?

For New Mexico, refer to Uniform Plumbing Code (IAPMO/ICBO).

The maximum temperature allowed for sinks, lavatories, and showers is 120 degrees (generally set for 105 degrees adjustable from 100 to 120). .

Here is a link to the New Mexico landlord/tenant laws (2011): https://nmhealth.org/publication/view/guide/278/

Srylant1 can refer to page 112 for information on going to court but s/he should find local legal assistance for the interrogatories.

 

[HRZ]

THe steps required of tenant to notice LL and allow for repairs ( 7 days ) are in law...if tenant failed to follow steps he may have a bad day in court?

The law itself only refers to a reasonable quantity of hot water ...I would agree the local adopted plumbing code is an ascertainable standard of required temperature
( if one does not get hung up on hearsay problems ) .

 

[quincy]

I will assume Srylant has done the research and understands what is an acceptable temperature variance and can support breaking the lease after one month by showing the unit rented had water temperatures "unstable" for bathing, making the rental unit uninhabitable.

It's a high hurdle, I think.

I hope s/he is not hoping with the interrogatories to have the landlord prove in his answers what s/he needs to prove (e.g., maintenance request went unanswered, temperature of water was below standard, etc).

The legal professional s/he sees for help with the interrogatory questions could provide Srylant with guidance on the lawsuit.