4-904 Sections 47-8-42 and 47-8-46 NMSA 1978 STATE OF NEW MEXICO METROPOLITAN COURT BERNALILLO COUNTY No. Plaintiff v. PETITION BY OWNER FOR RESTITUTION Uniform Owner-Resident Relations Act The plaintiff alleges 1. Plaintiff is lawfully entitled to possession of the premises located at 2. Defendant entered into possession of the premises under a rental agreement and has breached the terms of the agreement as follows 3. Plaintiff gave written notice of termination breach of the rental agreement to defendant on date and defendant has failed to remedy the breach. A copy of this written notice is attached as Exhibit B. check and complete if applicable 4. Defendant is indebted to plaintiff in the sum of for unpaid rent plus 5. Plaintiff holds of defendant as a damage deposit under the rental agreement. 6. Plaintiff requests separate trials on the issues of restitution and damages. 1. Immediate possession of the premises 2. Unpaid rent of plus per day to date of restitution 3. Damages as may....
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How to fill out the Sections 47 8 42 And 47 8 46 Nmsa 1978 Form online
Filling out the Sections 47 8 42 and 47 8 46 Nmsa 1978 Form online can be straightforward if you follow the proper steps. This guide is intended to provide clear and supportive instructions to help you complete the form accurately.
Follow the steps to complete the form effectively.
- Click ‘Get Form’ button to obtain the form and open it in your preferred editing program.
- Begin by entering the case number in the designated space at the top of the form.
- Fill in the name of the plaintiff and the defendant in the corresponding fields. Make sure to double-check spelling for accuracy.
- In the first section concerning the premises, provide the complete address of the property in question, including the city and zip code.
- Detail the reasons for the claim under breach of rental agreement, ensuring you articulate clearly each breach that has occurred.
- Indicate the nature of the written notice provided to the defendant. If applicable, check the relevant box and fill in the date when the notice was given.
- If the defendant owes unpaid rent, specify the total amount owed in the designated fields, including any daily charges applicable to the date of restitution.
- If the plaintiff holds a damage deposit, input the amount into the respective field.
- In the section requesting judgment, list all items the plaintiff is seeking, including possession of the premises and any requested monetary compensation.
- Sign and date the form at the bottom, and ensure your name and contact information are printed clearly.
- After completing the form, review all entries for accuracy before saving your work.
- Finally, save the changes, and download, print, or share the form as needed.
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Get answers to your most pressing questions about US Legal Forms API.
What is New Mexico statute 47 8 33?
If rent is unpaid when due and the resident fails to pay rent within three days after written notice from the owner of nonpayment and his intention to terminate the rental agreement, the owner may terminate the rental agreement and the resident shall immediately deliver possession of the dwelling unit; provided that ...
What is New Mexico statutes annotated section 47 8 18?
Deposits. A. An owner is permitted to demand from the resident a reasonable deposit to be applied by the owner to recover damages, if any, caused to the premises by the resident during his term of residency.
What is the Mobile Home Act in New Mexico?
The Mobile Home Park Act requires all lease or rental agreements for tenancy in a mobile home park to be in writing. §§47-10-2(G), -3, & -14(A). More specifically, the Act requires the terms and conditions of the tenancy to be adequately disclosed in writing before the resident occupies the mobile home space.
Can a landlord enter without permission in New Mexico?
In most landlord-tenant clauses, the landlord has to provide a specific amount of notice before they enter the property. In the case of New Mexico, the landlord has to provide 24 hours' notice before they enter (Although the amount of notice may be increased by the landlord).
What is the New Mexico Uniform owner Resident Relations Act?
The purpose of the Uniform Owner-Resident Relations Act [47-8-1 NMSA 1978] is to simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of owner and resident, and to encourage the owners and the residents to maintain and improve the quality of housing in ...
What does New Mexico landlord tenant law provide in 47 8 18?
New Mexico Landlord Tenant Law does permit landlords to require that a tenant pay a security deposit, however the security deposit must be “reasonable.” If a landlord demands a security deposit in excess of an amount equal to one months' rent, under 47-8-18 (A) (1), “the owner shall be required to pay to the resident ...
How long does a landlord have to return a security deposit in New Mexico?
Security Deposit Returns in New Mexico Landlords must return a security deposit by mail with an itemized statement of deductions, if any, to the tenant's last known address no later than 30 days after the lease term ends or the tenant vacates the rental unit, whichever is later.
How do I break my lease in New Mexico?
One is to provide proper written notice. It requires that the tenant serve the landlord a 30 days notice before terminating their lease. The other condition involves payment of a fee, usually the equivalent of 2 months' rent.
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