Section 47-8-50 – Prior transactions valid.
Transactions entered into before the effective date of the Uniform Owner-Resident Relations Act, and not extended or renewed after that date, and the rights, duties and interests flowing from them remain valid and may be terminated, completed, consummated or enforced as required or permitted prior to the effective date of the Uniform Owner-Resident Relations Act. […]
Section 47-8-51 – Applicability.
The provisions of the Uniform Owner-Resident Relations Act are applicable to rental agreements entered into or extended or renewed after the effective date and shall not be applicable to any agreements or conditions entered into between the owner and resident which provisions may alter agreements or conditions existing prior to the effective date of the […]
Section 47-8-52 – Conflicts; applicability of law.
Unless a provision of the Mobile Home Park Act [Chapter 47, Article 10 NMSA 1978] directly conflicts with the provisions of the Uniform Owner-Resident Relations Act, the provisions of the Uniform Owner-Resident Relations Act shall apply to mobile home park owners and residents. History: Laws 1989, ch. 253, § 3.
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 […]