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 47-8-34 – Notice of extended absence.
A. If the rental agreement requires the resident to give notice to the owner of an anticipated extended absence in excess of seven days as required in Subsection A of Section 3 [47-8-3 NMSA 1978] of the Uniform Owner-Resident Relations Act and the resident willfully fails to do so, the owner may recover damages from […]
Section 47-8-34.1 – Disposition of property left on the premises.
A. Where the rental agreement terminates by abandonment pursuant to Section 47-8-34 NMSA 1978: (1) the owner shall store all personal property of the resident left on the premises for not less than thirty days; (2) the owner shall serve the resident with written notice stating the owner’s intent to dispose of the personal property […]
Section 47-8-34.2 – Personal property and security deposit of deceased resident; contact person.
A. As used in this section, “contact person” means the person designated by a resident in writing as the person to contact and release property to in the event of the resident’s death. B. The owner may request in writing, including by a requirement in the rental agreement, that the resident: (1) provide the owner […]
Section 47-8-35 – Claim for rent and damages.
If the rental agreement is terminated, the owner is entitled to possession and may have a claim for rent and a separate claim for damages for breach of the rental agreement and reasonable attorney’s fees as provided in Subsection C of Section 33 [47-8-33 NMSA 1978] of the Uniform Owner-Resident Relations Act. History: 1953 Comp., […]
Section 47-8-36 – Unlawful removal and diminution of services prohibited.
A. Except in case of abandonment, surrender or as otherwise permitted in the Uniform Owner-Resident Relations Act, an owner or any person acting on behalf of the owner shall not knowingly exclude the resident, remove, threaten or attempt to remove or dispossess a resident from the dwelling unit without a court order by: (1) fraud; […]
Section 47-8-36.1 – Landlord lien.
A. There shall be no landlord’s lien arising out of the rental of a dwelling unit to which the Uniform Owner-Resident [Relations] Act applies. B. Nothing in this section shall prohibit the owner from levy and execution on a judgment arising out of a claim for rent or damages. History: 1978 Comp., § 47-8-36.1, enacted […]
Section 47-8-37 – Notice of termination and damages.
A. The owner or the resident may terminate a week-to-week residency by a written notice given to the other at least seven days prior to the termination date specified in the notice. B. The owner or the resident may terminate a month-to-month residency by a written notice given to the other at least thirty days […]