Complaint by Resident for Return of Deposit {4-906A}

STATE OF NEW MEXICO COUNTY OF BERNALILLO METROPOLITAN COURT _________________________________, Plaintiff v. _________________________________, Defendant No. _________________ COMPLAINT BY RESIDENT FOR RETURN OF DEPOSIT1 (Uniform Owner-Resident Relations Act) The plaintiff alleges: 1. Plaintiff entered into a rental agreement with Defendant for property located at ______________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ __________________________________________________, New Mexico ________________________. 2. As part of the rental agreement, plaintiff delivered to defendant one or more deposits totaling $___________. 3. Plaintiff vacated the above premises on ______________ (date), and defendant retained all of part of plaintiff's deposit. 4. Defendant: (check one) Mailed written notice to plaintiff of the amounts deduced from plaintiff's deposit within thirty (30) days after the date plaintiff vacated the premises or the date the rental agreement terminated. A copy of the notice is attached as Exhibit A of this complaint. Did not mail written notice to plaintiff of the amounts deducted from plaintiff's deposit within thirty days of the date plaintiff vacated the premises or the date the rental agreement terminated. 5. Defendant kept the following amount of the deposit: $____________________. 6. Plaintiff is asking for the return of the following amount: $_________________. Plaintiff requests judgment against defendant, as follows: 1. 2. 3. 4. 5. Dated: Damages as may be determined by the court; Costs of this action; Reasonable attorney's fees; A civil penalty if provided by law2; Such other relief as the court may deem reasonable. __________________________________ ________________________________________ Signed ________________________________________ Name (print) ________________________________________ Address (print) ________________________________________ City, state and zip code (print) ________________________________________ Telephone number USE NOTE 1. This form is used for cases in which the resident is claiming a return of deposit. A complaint for return of deposit is not required to be heard within ten (10) days. 2. See Paragraph E of Section 47-8-18 NMSA for civil penalty. Rule 4-906A NMRA; approved, effective 3/21/05 CV-110 Complaint by Resident for Return of Deposit (Rev. 02/08) American LegalNet, Inc. www.FormsWorkFlow.com