contract-law rent new-mexico
Can my landlord charge me December rent?
<p>In September my landlord fell on some hard times with his health that required him to have surgery. He asked for my October rent two weeks early and in exchange he would not require me to pay December rent. </p>

<p>On November 17th he contacts me saying he'll need my December rent after all since he can't afford not to charge me. </p>

<p>I already spent that money on a plane ticket to visit family over the holidays. Is he allowed to request payment after all?</p>

<p>I am in New Mexico, USA</p>

<p>You have an agreement, which if followed means that you don't have to pay December rent.</p>

<p>On the face of it, the agreement to pay the October rent early in return for waiving the December rent appears to be a legally binding contract to vary your existing contract. See <a href="https://law.stackexchange.com/questions/6263/what-is-a-contract-and-what-is-required-for-them-to-be-valid">What is a contract and what is required for them to be valid?</a> There is consideration on both sides and it is irrelevant if anyone else considers it "fair": the two of you did at the time and that is all that matters.</p>

<p>Even if real estate contracts in NM are required to be in writing then the text messages should cover this.</p>

<p>The legal position is that you do not have to pay the December rent. The practical position is how this will affect your relationship because it is equally legal for the landlord to evict you at the end of the lease <em>or</em> if you are in breach of any term of the lease.</p>
