Section 47-8-40 – Action for possession by owner.
A. Notwithstanding Subsections A and B of Section 47-8-39 NMSA 1978, an owner may bring an action for possession if: (1) the violation of the applicable minimum building or housing code was caused primarily by lack of reasonable care by the resident or other person in his household or upon the premises with the resident’s […]
Section 47-8-41 – Action for possession by owner or resident.
An action for possession of any premises subject to the provisions of the Uniform Owner-Resident Relations Act shall be commenced in the manner prescribed by the Uniform Owner-Resident Relations Act. History: 1953 Comp., § 70-7-41, enacted by Laws 1975, ch. 38, § 41. ANNOTATIONS Eviction subject to equitable defenses. — A court may find that […]
Section 47-8-42 – Petition for restitution.
The person seeking possession shall file a petition for restitution with the clerk of the district or magistrate court. The petition shall contain: A. the facts, with particularity, on which he seeks to recover; B. a reasonably accurate description of the premises; and C. the requisite compliance with the notice provisions of the Uniform Owner-Resident […]
Section 47-8-43 – Issuance of summons.
A. The summons shall be issued and directed, with a copy of the petition attached to the summons, and shall state the cause of the complaint, the answer day for other causes of action and notice that if the defendant fails to appear, judgment shall be entered against him. The summons may be served pursuant […]
Section 47-8-44 – Absence from court of defendant.
If the defendant shall not appear in response to the summons, and it shall have been properly served, the court shall try the cause as though he were present. History: 1953 Comp., § 70-7-44, enacted by Laws 1975, ch. 38, § 44. ANNOTATIONS Law reviews. — For survey, “The Uniform Owner-Resident Relations Act,” see 6 […]
Section 47-8-45 – Legal or equitable defense.
On or before the day fixed for his appearance, the defendant may appear and answer and assert any legal or equitable defense, setoff or counterclaim. History: 1953 Comp., § 70-7-45, enacted by Laws 1975, ch. 38, § 45. ANNOTATIONS Eviction subject to equitable defenses. — A court may find that a qualified indigent tenant of […]
Section 47-8-46 – Writ of restitution.
A. Upon petition for restitution filed by the owner if judgment is rendered against the defendant for restitution of the premises, the court shall declare the forfeiture of the rental agreement and shall, at the request of the plaintiff or his attorney, issue a writ of restitution directing the sheriff to restore possession of the […]
Section 47-8-47 – Appeal stays execution.
A. If either party feels aggrieved by the judgment, that party may appeal as in other civil actions. An appeal by the defendant shall stay the execution of any writ of restitution; provided that in cases in which the resident is the appellant, the execution of the writ of restitution shall not be stayed unless […]
Section 47-8-48 – Prevailing party rights in law suit; civil penalties.
A. If suit is brought by any party to the rental agreement to enforce the terms and conditions of the rental agreement or to enforce any provisions of the Uniform Owner-Resident Relations Act, the prevailing party shall be entitled to reasonable attorneys’ fees and court costs to be assessed by the court. B. Any owner […]
Section 47-8-49 – Unlawful and forcible entry.
The laws and procedures of New Mexico pertaining to complaints of unlawful and forcible entry shall apply to actions for possession of any premises not subject to the provisions of the Uniform Owner-Resident Relations Act or the Mobile Home Park Act [Chapter 47, Article 10 NMSA 1978]. History: 1953 Comp., § 70-7-49, enacted by Laws […]