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 47-8-33 – Breach of agreement by resident and relief by owner.
A. Except as provided in the Uniform Owner-Resident Relations Act, if there is noncompliance with Section 47-8-22 NMSA 1978 materially affecting health and safety or upon the initial material noncompliance by the resident with the rental agreement or any separate agreement, the owner shall deliver a written notice to the resident specifying the acts and […]
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 […]