reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-19 - Owner disclosure.

A. The owner or any person authorized to enter into a rental agreement on his behalf shall disclose to the resident in writing at or before the commencement of the residency the name, address and telephone number of:
(1) the person authorized to manage the premises; and
(2) an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.
B. The information required to be furnished by this section shall be kept current, and this section extends to and is enforceable against any successor, owner or manager.
C. A person designated under Paragraph (2) of Subsection A of this section becomes an agent of each person who is an owner for the purpose of service of process and receiving and receipting for notices and demands. A person designated under Paragraph (1) of Subsection A of this section becomes an agent of each person who is an owner for the purpose of performing the obligations of the owner under the Uniform Owner-Resident Relations Act and under the rental agreement.
D. Failure of the owner to comply with this section shall relieve the resident from the obligation to provide notice to the owner as required by the Uniform Owner-Resident Relations Act.
History:
1953 Comp., § 70-7-19, enacted by Laws 1975, ch. 38, § 19; 1995, ch. 195, § 7.
ANNOTATIONS
Cross references.
— For the Real Estate Disclosure Act,
see
47-13-1 NMSA 1978.
The 1995 amendment,
effective July 1, 1995, substituted "name, address and telephone number" for "name and address" in Subsection A, and added Subsection D.
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51C C.J.S. Landlord and Tenant § 307.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-21 - Relief of owner liability.

A. Unless otherwise agreed, upon termination of the owner's interest in the dwelling unit, including but not limited to terminations of interest by sale, assignment, death, bankruptcy, appointment of receiver or otherwise, the owner is relieved of all liability under the rental agreement and of all obligations under the Uniform Owner-Resident Relations Act as to events occurring subsequent to written notice to the resident of the termination of the owner's interest. The successor in interest to the owner shall be liable for all obligations under the rental agreement or under the Uniform Owner-Resident Relations Act. Upon receipt by the resident of written notice of the termination of the owner's interest in the dwelling unit, the resident shall pay all future rental payments, when due, to the successor in interest to the owner.
B. Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of liability under the rental agreement and the Uniform Owner-Resident Relations Act as to events occurring after written notice to the resident of the termination of his management.
History:
1953 Comp., § 70-7-21, enacted by Laws 1975, ch. 38, § 21.
ANNOTATIONS
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-22 - Obligations of resident.

The resident shall:
A. comply with obligations imposed upon residents by applicable minimum standards of housing codes materially affecting health or safety;
B. keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit, and, upon termination of the residency, place the dwelling unit in as clean condition, excepting ordinary wear and tear, as when residency commenced;
C. dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner;
D. keep all plumbing fixtures in the dwelling unit or used by the resident as clean as their condition permits;
E. use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilation, air conditioning and other facilities and appliances including elevators, if any, in the premises;
F. not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so;
G. conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises;
H. abide by all bylaws, covenants, rules or regulations of any applicable condominium regime, cooperative housing agreement or neighborhood association not inconsistent with owner's rights or duties; and
I. not knowingly commit or consent to any other person knowingly committing a substantial violation.
History:
1953 Comp., § 70-7-22, enacted by Laws 1975, ch. 38, § 22; 1995, ch. 195, § 8.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, added Subsection I and made minor stylistic changes throughout the section.
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 49 Am. Jur. 2d Landlord and Tenant §§ 507, 538 et seq.
Liability of lessee to persons injured by defects in premises or property after surrender of possession by lessee, 11 A.L.R.4th 579.
Liability of owner or occupant of premises to fireman coming thereon in discharge of his duty, 11 A.L.R.4th 597.
Measure and elements of Damages for Lessee's breach of covenant as to repairs, 45 A.L.R.5th 251.
51C C.J.S. Landlord and Tenant §§ 235 to 243.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-23 - Application of rules or regulations.

An owner, from time to time, may adopt rules or regulations, however described, concerning the resident's use and occupancy of the premises. They are enforceable as provided in Section 47-8-33 NMSA 1978 against the resident only if:
A. their purpose is to promote the appearance, convenience, safety or welfare of the residents in the premises, preserve the owner's property from abusive use or make a fair distribution of services and facilities held out for the residents generally;
B. they are reasonably related to the purpose for which they are adopted;
C. they apply to all residents in the premises in a fair manner;
D. they are sufficiently explicit in their prohibition, direction or limitation of the resident's conduct to fairly inform him of what he must or must not do to comply;
E. they are not for the purpose of evading the obligations of the owner; and
F. the resident is presented with copies of existing rules and regulations at the time he enters into the rental agreement and is presented notice of amendments to the rules and regulations and rules and regulations adopted subsequent to the time he enters into the rental agreement. A rule or regulation adopted after the resident enters into the rental agreement is enforceable against the resident if reasonable notice of its adoption is given to the resident and it does not work a substantial modification of his bargain.
History:
1953 Comp., § 70-7-23, enacted by Laws 1975, ch. 38, § 23; 1995, ch. 195, § 9.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, made minor stylistic changes throughout the section.
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 49 Am. Jur. 2d Landlord and Tenant §§ 507, 538 et seq.
51C C.J.S. Landlord and Tenant §§ 235 to 243.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-25 - Use of dwelling unit limited.

Unless otherwise agreed, the resident shall occupy his dwelling unit only as a dwelling unit and in compliance with terms and conditions of the rental agreement. The rental agreement may require that the resident notify the owner of any anticipated extended absence from the premises in excess of seven days no later than the first day of the extended absence.
History:
1953 Comp., § 70-7-25, enacted by Laws 1975, ch. 38, § 25.
ANNOTATIONS
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Provision in lease as to purpose for which premises are to be used, as excluding use for other purpose, 148 A.L.R. 583.
51C C.J.S. Landlord and Tenant § 327.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-26 - Delivery of possession.

A. At the time specified in the rental agreement for the commencement of occupancy, the owner shall deliver possession of the premises to the resident in compliance with the rental agreement and Section 47-8-20 NMSA 1978. The owner may bring an action for possession against the resident or any person wrongfully in possession and may recover the damages provided in Subsection F of Section 47-8-33 NMSA 1978.
B. If the owner fails to deliver possession of the premises to the prospective resident as provided in Subsection A of this section, one hundred percent of the rent abates until possession is delivered and the prospective resident may:
(1) upon written notice to the owner, terminate the rental agreement effective immediately. Upon termination the owner shall return all prepaid rent and deposits; or
(2) demand performance of the rental agreement by the owner and, if the prospective resident elects, maintain an action for possession of the premises against any person wrongfully withholding possession and recover the damages sustained by him and seek the remedies provided in Section 47-8-48 NMSA 1978.
C. If the owner makes reasonable efforts to obtain possession of the premises and returns prepaid rents, deposits and fees within seven days of receiving a prospective resident's notice of termination, the owner shall not be liable for damages under this section.
History:
1953 Comp., § 70-7-26, enacted by Laws 1975, ch. 38, § 26; 1999, ch. 91, § 3.
ANNOTATIONS
The 1999 amendment,
effective June 18, 1999, added the Subsection A designation and substituted "At the time specified in the rental agreement for the commencement of occupancy" for "At the commencement of the rental period as specified in the rental agreement", deleted the former last sentence, which read "If the owner makes reasonable efforts to obtain possession of the premises, he shall not be liable for an action under this section"; added Subsections B and C; and updated statutory references.
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Implied covenant or obligation to provide lessee with actual possession, 96 A.L.R.3d 1155.
What constitutes willfulness or malice justifying landlord's collection of statutory multiple damages for tenant's wrongful retention of possession, 7 A.L.R.4th 589.
What constitutes tenant's holding over of leased premises, 13 A.L.R.5th 169.
51C C.J.S. Landlord and Tenant §§ 308 to 310.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-27 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 195, § 27, repealed 47-8-27 NMSA 1978, as enacted by Laws 1975, ch. 38, § 27, relating to noncompliance by the owner to rental agreement or matters affecting health and safety, effective July 1, 1995. For provisions of former section,
see
the 1994 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-28 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 91, § 8 repealed 47-8-28 NMSA 1978, as enacted by Laws 1975, ch. 38, § 28, relating to failure to deliver possession of premises, effective June 18, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
47-8-26 NMSA 1978.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-29 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 195, § 27, repealed 47-8-29 NMSA 1978, as enacted by Laws 1975, ch. 38, § 29, relating to resident rights in event of breach by owner, effective July 1, 1995. For provisions of former section,
see
the 1994 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-30 - Action for counterclaim for resident.

A. In an action for possession based upon nonpayment of rent or in an action for rent where the resident is in possession, the resident may counterclaim for any amount which he may recover under the rental agreement or the Uniform Owner-Resident Relations Act, providing that the resident shall be responsible for payment to the owner of the rent specified in the rental agreement during his period of possession. Judgment shall be entered in accordance with the facts of the case.
B. If the defense or counterclaim by the resident is without merit and is not raised in good faith, the owner may recover reasonable attorney's fees and his court costs.
C. If the action or reply to the counterclaim is without merit and is not in good faith, the resident may recover reasonable attorney's fees and his court costs.
History:
1953 Comp., § 70-7-30, enacted by Laws 1975, ch. 38, § 30.
ANNOTATIONS
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Setoff or counterclaim in action by tenant against landlord for restitution under Federal Housing and Rent Act of 1947 and amendments, 10 A.L.R.2d 249.
Rights and remedies of tenant upon landlord's breach of covenant to repair, 28 A.L.R.2d 446.
Respective rights in excess rent when landlord relets at higher rent during lessee's term, 50 A.L.R.4th 403.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-31 - Resident rights following fire or casualty.

A. If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the resident may:
(1) vacate the premises and notify the owner in writing within seven days thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or
(2) if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the resident's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.
B. If the rental agreement is terminated, the owner shall return the balance, if any, [of] prepaid rent and deposits recoverable under Section 18 [47-8-18 NMSA 1978] of the Uniform Owner-Resident Relations Act. Accounting for rent, in the event of termination or apportionment, is to occur as of the date of the vacation. Notwithstanding the provisions of this section, the resident is responsible for damage caused by his negligence.
History:
1953 Comp., § 70-7-31, enacted by Laws 1975, ch. 38, § 31.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 49 Am. Jur. 2d Landlord and Tenant § 759 et seq.
Condition of premises within the contemplation of provision of lease or statute for cessation of rent or termination of lease in event of destruction of or damage to property as result of fire, 118 A.L.R. 106, 61 A.L.R.2d 1445.
Modern status of rule as to tenant's rent liability after injury to or destruction of demised premises, 99 A.L.R.3d 738.
Liability of owner or occupant of premises to fireman coming thereon in discharge of his duty, 11 A.L.R.4th 597.
52A C.J.S. Landlord and Tenant § 991.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-32 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 195, § 27, repealed 47-8-32 NMSA 1978, as enacted by Laws 1975, ch. 38, § 32, relating to unlawful removal and penalty to owner, effective July 1, 1995. For provisions of former section,
see
the 1994 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › 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 the resident.
B. During any absence of the resident in excess of seven days, the owner may enter the dwelling unit at times reasonably necessary.
C. If the resident abandons the dwelling unit as defined in Subsection A of Section 3 of the Uniform Owner-Resident Relations Act, the owner shall be entitled to take immediate possession of the dwelling unit. The owner shall, in such cases, be responsible for the removing and storing of the personal property for such periods as are provided by law. Upon abandonment, the owner may make reasonable efforts to rent the dwelling unit and premises at a fair rental. If the owner rents the dwelling unit for a term beginning prior to the expiration of the rental agreement, it is deemed to be terminated as of the date the new tenancy begins.
History:
1953 Comp., § 70-7-34, enacted by Laws 1975, ch. 38, § 34.
ANNOTATIONS
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— What constitutes abandonment of residential or commercial lease - modern cases, 84 A.L.R.4th 183.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › 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 by Laws 1995, ch. 195, § 17.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For landlords' liens on personal property,
see
48-3-5 NMSA 1978.
For liens of owners and operators of public accommodations on personal property,
see
48-3-16 NMSA 1978.
Effective dates.
— Laws 1995, ch. 195, § 28 made Laws 1995, ch. 195, § 17 effective July 1, 1995.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › Section 47-8-38 - Injunctive relief.

A. If the resident refuses to allow lawful access, the owner may obtain injunctive relief to compel access or terminate the rental agreement. In either case, the owner may recover damages, reasonable attorney's fees and court costs.
B. If the owner makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the resident, the resident may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case, the resident may recover damages and reasonable attorney's fees.
History:
1953 Comp., § 70-7-38, enacted by Laws 1975, ch. 38, § 38.
ANNOTATIONS
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Injunction to prevent tenant in arrears for rent from removing chattels or improvements not constituting fixtures, 53 A.L.R. 294.
Right to specific performance, or injunction against breach, of lease or sublease or of contract to make lease as affected by right of complainant to cancel lease before expiration of term for which other party is bound, 117 A.L.R. 256.
Injunction in respect of property as covering action for rent or for use or occupation, 155 A.L.R. 844.
52A C.J.S. Landlord and Tenant § 774.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › 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 consent;
(2) the resident is in default in rent;
(3) there is a material noncompliance with the rental agreement that would otherwise give rise to the owner's right to terminate the rental agreement;
(4) a resident knowingly commits or consents to any other person in the dwelling unit or on the premises knowingly committing a substantial violation; or
(5) compliance with the applicable building or housing code requires alteration, remodeling or demolition that would effectively deprive the resident of use of the dwelling unit.
B. The maintenance of an action under Subsection A of this section does not release the owner from liability under Section 47-8-20 NMSA 1978.
History:
1953 Comp., § 70-7-40, enacted by Laws 1975, ch. 38, § 40; 1995, ch. 195, § 19.
ANNOTATIONS
Compiler's notes.
— The reference to Subsections A and B of Section 38 of the Uniform Owner-Resident Relations Act in Subsection A of this section probably should be to Subsections A and B of Section 39 of the Uniform Owner-Resident Relations Act.
Cross references.
— For unlawful and forcible entry provision,
see
47-8-49 NMSA 1978.
For inapplicability of general forcible entry or detainer provisions to actions by landlord,
see
35-10-2 NMSA 1978.
The 1995 amendment,
effective July 1, 1995, in Subsection A, inserted Paragraphs (3) and (4), and redesignated former Paragraph (3) as Paragraph (5), and made minor stylistic changes throughout the section.
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Tenant's recovery of damages for emotional distress under Uniform Residential Landlord and Tenant Act, 6 A.L.R.4th 528.
What constitutes willfulness or malice justifying landlord's collection of statutory multiple damages for tenant's wrongful retention of possession, 7 A.L.R.4th 589.
Landlord's permitting third party to occupy premises rent-free as acceptance of tenant's surrender of premises, 18 A.L.R.5th 437.
52A C.J.S. Landlord and Tenant §§ 729 to 751.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › 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 a qualified indigent tenant of public housing need not be evicted solely because adjudged liable for back rent. Equitable principles may be applied to prevent eviction.
City of Albuquerque v. Brooks
, 1992-NMSC-069, 114 N.M. 572, 844 P.2d 822.
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51C C.J.S. Landlord and Tenant § 320.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › 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 Relations Act.
The petition may also contain other causes of action relating to the residency, but such causes of action shall be answered and tried separately, if requested by either party in writing.
History:
1953 Comp., § 70-7-42, enacted by Laws 1975, ch. 38, § 42.
ANNOTATIONS
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Setoff or counterclaim in action by tenant against landlord for restitution under Federal Housing and Rent Act of 1947 and amendments, 10 A.L.R.2d 249.
52A C.J.S. Landlord and Tenant § 762.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › 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 to the New Mexico rules of civil procedure and returned as in other cases. Trial of the action for possession shall be set as follows:
(1) for any matter brought by the owner for possession, not less than seven or more than ten days after the service of summons; or
(2) for any matter brought by the resident for possession, not less than three or more than five days after the service of summons.
B. Upon finding of good cause, the court may continue the date of hearing on the action for possession for up to seven days from the date of the initial hearing.
History:
1953 Comp., § 70-7-43, enacted by Laws 1975, ch. 38, § 43; 1995, ch. 195, § 20.
ANNOTATIONS
Cross references.
— For the Rules of Procedure for the District Courts,
see
Rule 1-001 NMRA et seq.
The 1995 amendment,
effective July 1, 1995, designated the existing language as Subsection A; in Subsection A, in the second sentence inserted "pursuant to the New Mexico rules of civil procedure" following "served" and deleted "or by any authorized person" from the end, deleted the former third sentence which read "The person making the service shall file with the court an affidavit stating with particularity the manner in which he made the service", substituted "shall be set as follows" for "shall be not less than seven nor more than ten days after the service of summons" at the end of the fourth sentence, added Paragraphs (1) and (2), and made minor stylistic changes throughout the subsection; and added Subsection B.
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 52A C.J.S. Landlord and Tenant § 741.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › 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 N.M.L. Rev. 293 (1976).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › 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 public housing need not be evicted solely because adjudged liable for back rent. Equitable principles may be applied to prevent eviction.
City of Albuquerque v. Brooks
, 1992-NMSC-069, 114 N.M. 572, 844 P.2d 822.
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Rights and remedies of tenant upon landlord's breach of covenant to repair, 28 A.L.R.2d 446.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › 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 premises to the plaintiff on a specified date not less than three nor more than seven days after entry of judgment.
B. Upon a petition for restitution filed by the resident, if judgment is rendered against the defendant for restitution of the premises, the court shall, at the request of the plaintiff or his attorney, issue a writ of restitution directing the sheriff to restore possession of the premises to the plaintiff within twenty-four hours after entry of judgment.
History:
1953 Comp., § 70-7-46, enacted by Laws 1975, ch. 38, § 46; 1995, ch. 195, § 21.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, added Subsection A; designated the existing language as Subsection B, and in that subsection, substituted "Upon a petition for restitution filed by the resident" for "Trial shall be had on the date or dates set as in all other cases, and" at the beginning, deleted "declare the forfeiture of the rental agreement and shall" following "the court shall", substituted "within twenty-four hours" for "specified date not more than seven days" near the end, and made minor stylistic changes throughout the subsection.
Restitution not mandatory in back rent actions.
— This section does not require that a court issue a writ of restitution if it renders a money judgment against a tenant based on causes of action such as back rent.
City of Albuquerque v. Brooks
, 1992-NMSC-069, 114 N.M. 572, 844 P.2d 822.
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Setoff or counterclaim in action by tenant against landlord for restitution under Federal Housing and Rent Act of 1947 and amendments, 10 A.L.R.2d 249.
52A C.J.S. Landlord and Tenant § 762.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › 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 1975, ch. 38, § 49; 1995, ch. 195, § 24.
ANNOTATIONS
Cross references.
— For action for possession by owner,
see
47-8-40 NMSA 1978.
For inapplicability of general forcible entry or detainer provisions to actions by landlord,
see
35-10-2 NMSA 1978.
The 1995 amendment,
effective July 1, 1995, rewrote the section to such an extent that a detailed comparison would be impracticable.
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 52A C.J.S. Landlord and Tenant §§ 720, 752 to 792.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › 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.
History:
1953 Comp., § 70-7-50, enacted by Laws 1975, ch. 38, § 50.
ANNOTATIONS
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › 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 provisions of the Uniform Owner-Resident Relations Act.
History:
1953 Comp., § 70-7-51, enacted by Laws 1975, ch. 38, § 51.
ANNOTATIONS
Severability.
— Laws 1975, ch. 38, § 52 provided for the severability of the act if any part or application thereof is held invalid.
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8 - Owner-Resident Relations › 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.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 8A - Rent Control Prohibition › Section 47-8A-1 - Rent control prohibition.

A. No political subdivision or any home rule municipality shall enact an ordinance or resolution that controls or would have the effect of controlling rental rates for privately owned real property.
B. This section does not impair the right of a state agency, county or municipality to otherwise manage or control its property.
C. The provisions of Subsection A of this section do not apply to privately owned real property for which benefits or funding have been provided under contract by federal, state or local governments or a governmental instrumentality for the express purpose of providing reduced rents to low- or moderate-income tenants.
History:
Laws 1991, ch. 23, § 1.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 9 - Right to Farm › Section 47-9-1 - Short title.

Sections 47-9-1 through 47-9-7 NMSA 1978 may be cited as the "Right to Farm Act".
History:
Laws 1981, ch. 287, § 1; 1991, ch. 129, § 1.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, substituted "Sections 47-9-1 through 47-9-7 NMSA 1978" for "This act".
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 9 - Right to Farm › Section 47-9-2 - Purpose of act.

The purpose of the Right to Farm Act is to conserve, protect, encourage, develop and improve agricultural land for the production of agricultural products and to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed a nuisance.
History:
Laws 1981, ch. 287, § 2.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 9 - Right to Farm › Section 47-9-4 - Contracts; agreements.

The Right to Farm Act shall not invalidate any contracts made prior to the enactment of that act but shall be applicable only to contracts and agreements after the effective date of that act. This section shall not be construed to invalidate or supercede land uses and related powers of counties and municipalities.
History:
Laws 1981, ch. 287, § 4.
ANNOTATIONS
Severability.
— Laws 1981, ch. 287, § 5, provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 9 - Right to Farm › Section 47-9-5 - Definitions.

As used in the Right To Farm Act:
A. "agricultural facility" includes but is not limited to any land, building, structure, pond, impoundment, appurtenance, machinery or equipment that is used for the commercial production or processing of crops, livestock, animals, poultry, honey bees, honey bee products, livestock products, poultry products or products that are used in commercial agriculture;
B. "agricultural operation" means:
(1) the plowing, tilling or preparation of soil at an agricultural facility;
(2) the planting, growing, fertilizing or harvesting of crops;
(3) the application of pesticides, herbicides, or other chemicals, compounds or substances to crops, weeds or soil in the connection with production of crops, livestock, animals or poultry;
(4) the breeding, hatching, raising, producing, feeding, keeping, slaughtering or processing of livestock, hogs, aquatic animals, equines, chickens, turkeys, poultry or other fowl normally raised for food, mules, cattle, sheep, goats, rabbits or similar farm animals for commercial purposes;
(5) the production and keeping of honey bees, production of honey bee products and honey bee processing facilities;
(6) the production, processing or packaging of eggs or egg products;
(7) the manufacturing of feed for poultry or livestock;
(8) the rotation of crops;
(9) commercial agriculture;
(10) the application of existing, changed or new technology, practices, processes or products to an agricultural operation; or
(11) the operation of a roadside market.
History:
1978 Comp., § 47-9-5, enacted by Laws 1991, ch. 129, § 3.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 9 - Right to Farm › Section 47-9-6 - Damages.

The provisions of the Right to Farm Act do not affect or defeat the right of a person to recover damages from injuries or damages sustained by him because of the pollution of, or change in the condition of, waters of a stream or because of an overflow on his lands.
History:
1978 Comp., § 47-9-6, enacted by Laws 1991, ch. 129, § 4.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 9 - Right to Farm › Section 47-9-7 - Frivolous lawsuits.

If a court determines that any action alleging that an agricultural operation is a nuisance is frivolous, the court may award reasonable costs and attorneys' fees to the defendant.
History:
1978 Comp., § 47-9-7, enacted by Laws 1991, ch. 129, § 5.
ANNOTATIONS
Severability.
— Laws 1991, ch. 129, § 6 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 10 - Mobile Home Parks › Section 47-10-1 - Short title.

Chapter 47, Article 10 NMSA 1978 may be cited as the "Mobile Home Park Act".
History:
Laws 1983, ch. 122, § 1; 1993, ch. 147, § 1.
ANNOTATIONS
Cross reference.
— For the Uniform Home Resident Relations Act,
see
47-8-1 NMSA 1978.
The 1993 amendment,
effective July 1, 1993, substituted "Chapter 47, Article 10 NMSA 1978" for "Section 1 through 18 of this act".
Acts linked.
— Although the Uniform Owner-Resident Relations Act, Section 47-8-1 NMSA 1978 et seq., governs the rights and obligations of owners and residents of "dwelling units," and the Mobile Home Park Act governs tenancy in a "mobile home park," the legislature has linked the two acts in that the latter provides that an action for termination shall be commenced and prosecuted in the manner described in the former.
Martinez v. Sedillo
, 2005-NMCA-029, 137 N.M. 103, 107 P.3d 543.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Landlord's fraud, deceptive trade practices, and the like, in connection with mobile home owner's lease or rental of landsite, 39 A.L.R.4th 859.
Validity, construction, and application of mobile home eviction statutes, 43 A.L.R.5th 705.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 10 - Mobile Home Parks › Section 47-10-4 - Action for termination.

A. The action for termination shall be commenced and prosecuted in the manner described in the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-52 NMSA 1978]. The property description shall be deemed legally sufficient if it states:
(1) the name of the landlord or of the mobile home park;
(2) the mailing address of the property;
(3) the location or space number upon which the mobile home is situated; and
(4) the county in which the mobile home is situate.
B. Service of the summons shall be as specified in Section 47-8-43 NMSA 1978. Service by posting shall be deemed legally sufficient within the meaning of Section 47-8-43 NMSA 1978 if the summons is conspicuously affixed to the main entrance of the mobile home.
C. Jurisdiction of courts in cases of forcible entry, forcible detainer or unlawful detainer shall be as specified in Section 47-8-49 NMSA 1978.
D. After commencement of the action and before judgment, any person not already a party to the action who is discovered to have a property interest in the mobile home shall be allowed to enter into a stipulation with the landlord and be bound thereby.
History:
Laws 1983, ch. 122, § 4.
ANNOTATIONS
Acts linked.
— Although the Uniform Owner-Resident Relations Act, Section 47-8-1 NMSA 1978 et seq., governs the rights and obligations of owners and residents of "dwelling units," and the Mobile Home Park Act governs tenancy in a "mobile home park," the legislature has linked the two acts in that the latter provides that an action for termination shall be commenced and prosecuted in the manner described in the former.
Martinez v. Sedillo
, 2005-NMCA-029, 137 N.M. 103, 107 P.3d 543.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 10 - Mobile Home Parks › Section 47-10-5 - Reasons for termination.

A tenancy shall be terminated pursuant to the Mobile Home Park Act only for one or more of the following reasons:
A. failure of the tenant to comply with local ordinances and state laws and regulations concerning mobile homes;
B. conduct of the tenant on the premises which constitutes an annoyance to other tenants or interference with park management;
C. failure of the tenant to comply with written rules and regulations of the mobile home park either established by the management in the rental agreement at the inception of the tenancy, amended subsequently thereto with the consent of the tenant, or amended subsequently thereto without the consent of the tenant on thirty days' written notice if the amended rules and regulations are reasonable, except when local ordinances and state laws and regulations or emergency situations require immediate compliance. However, regulations applicable to recreational facilities may be amended at the discretion of the management;
D. condemnation or change of use of the mobile home park. When the owner of a mobile home park is formally notified by an appropriate governmental agency that his mobile home park is the subject of a condemnation proceeding, the landlord shall, within seventeen days, notify his tenants in writing of the terms of the condemnation notice which he receives; or
E. in those cases where the zoning law allows the landlord to change the use of his land without obtaining the consent of the zoning authority and where such change of use would result in eviction of inhabited mobile homes, the landlord shall first give the owner of each mobile home subject to such eviction a written notice of his intent to evict not less than six months prior to such change of use of the land, notice to be mailed to each tenant.
History:
Laws 1983, ch. 122, § 5.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 10 - Mobile Home Parks › Section 47-10-6 - Nonpayment of rent.

Any tenancy or other estate at will or lease in a mobile home park may be terminated upon the landlord's written notice to the tenant requiring, in the alternative, payment of rent and utility charges or the removal of the tenant's unit from the premises, within a period of not less than three days after the date notice is served or posted, for failure to pay rent when due. Rent shall not be increased without sixty days' written notice to the tenant.
History:
Laws 1983, ch. 122, § 6; 1993, ch. 147, § 3.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, substituted "sixty" for "thirty" in the second sentence.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 10 - Mobile Home Parks › Section 47-10-7 - Common areas; tenant meetings.

Common areas of a mobile home park shall be open to all residents of the mobile home park at all reasonable times subject to such conditions and limitations as are imposed by written regulations of the mobile home park owner or management. Meetings of tenants relating to mobile home living and affairs held in their park community hall or recreation hall, if such facility or similar facility exists, shall not be subject to prohibition by the park management if the hall is reserved according to park rules and such meetings are held at reasonable hours and when the facility is not otherwise in use.
History:
Laws 1983, ch. 122, § 7.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 10 - Mobile Home Parks › Section 47-10-11 - Closed parks prohibited.

A. The management shall not require, as a condition of tenancy in a mobile home park, that the prospective tenant purchase a mobile home from a particular seller or from any one of a particular group of sellers and shall not require that the management act as agent in the future sale of the mobile home.
B. The management shall not give any special preference in renting to a prospective tenant who has purchased a mobile home from a particular seller.
C. A seller of mobile homes shall not require as a condition of sale that a purchaser locate in a particular mobile home park or in any one of a particular group of mobile home parks.
D. The management shall not prohibit the listing or sale of a mobile home within the park by the owner of the mobile home or the owner's agent. The management shall not require as a condition of sale that the management serve as the selling agent.
E. The management shall treat all persons equally in evaluating credit or renting or leasing available space, except that a park may be designated for housing for older persons after a six months' notice to the residents, provided that the management complies with all applicable procedures of state and federal antidiscrimination laws, including the federal Fair Housing Act, 42 U.S.C. Sections 3601-3619.
History:
Laws 1983, ch. 122, § 11; 1997, ch. 186, § 2; 2007, ch. 194, § 1.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, amended Subsection E to permit a mobile home park to be designated for older persons if management complies with all applicable procedures of state and federal antidiscrimination laws.
The 1997 amendment,
effective June 20, 1997, in Subsection A, substituted "purchase" for "has purchased" and added the language beginning "and shall not"; added Subsection D and redesignated former Subsection D as Subsection E; and inserted "evaluating credit or" in Subsection E.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 10 - Mobile Home Parks › Section 47-10-12 - Selling fees prohibited.

The owner of a mobile home park or his agent shall not require payment of any type of selling fee or transfer fee by either a tenant in the park wishing to sell his mobile home to another party or by any party wishing to buy a mobile home from a tenant in the park as a condition of tenancy in a mobile home park for the prospective buyer. This section shall in no way prevent the owner of a mobile home park or his agent from applying the normal park standards to prospective buyers before granting or denying tenancy or from charging a reasonable selling fee or transfer fee for services actually performed and agreed to in writing by the tenant. Nothing in this section shall be construed to affect the rent charged.
History:
Laws 1983, ch. 122, § 12.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 10 - Mobile Home Parks › Section 47-10-13 - Certain types of landlord-seller agreements prohibited.

A seller of mobile homes shall not pay or offer cash or other consideration other than rent to the owner of a mobile home park or his agent for the purpose of reserving spaces or otherwise inducing acceptance of one or more mobile homes in a mobile home park.
History:
Laws 1983, ch. 122, § 13.
ANNOTATIONS
Cross references.
— For Real Estate Disclosure Act,
see
47-13-1 NMSA 1978.