Albuquerque New Mexico Notice of Lease for Recording

State:
New Mexico
City:
Albuquerque
Control #:
NM-LEASE-5
Format:
Word; 
Rich Text
Instant download

Description

This Memorandum and Notice of Lease Agreement is designed to be recorded in the official records in order to provide notice that a lease exists on a certain parcel of real estate. It is used in lieu of recording the entire lease agreement.


The United States Constitution provides every individual the freedom and right to own property in their own name. The Office of the Recorder protects that freedom by permanently recording all original documents pertaining to property ownership and real property transactions. Real property records can be examined to ensure good title, and recording of documents may entitle a person to a lien, security interest, or priority to stand in line ahead another creditor.

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FAQ

Failure to pay rent or nonpayment of rent A landlord can evict a tenant for failing to pay the rent on time. Rent is considered late in New Mexico a day past its due. However, a grace period to extend the rent payment may be available if written in the lease/rental agreement.

New Mexico Eviction Process Timeline Steps of the Eviction ProcessAverage TimelineIssuing an Official Notice3-30 daysIssuance and Service7-10 days before the hearingCourt Hearing and Judgment7-10 days after serviceIssuance of Writ of RestitutionA few hours to a few days1 more row ?

Lay a complaint with the Rental Housing Tribunal The Tribunal is set up in terms of the Rental Housing Act 1999 No. 50 and states that ?any tenant or landlord or group of tenants or in the prescribed manner lodge a complaint with the Tribunal concerning an unfair practice.?

In New Mexico, a landlord's obligation for providing a habitable living space is primarily governed by NM Stat § 47-8-20. This legal requirement, commonly known as the ?implied warranty of habitability?, also outlines the rights of tenants when repairs are not made in a timely manner.

To evict a tenant, a landlord must first terminate the tenancy with a notice, and then eviction lawsuit against the tenant and win the lawsuit. Because evictions are a legal matter, the landlord must carefully follow all the rules and procedures set forth in the state statutes, or the eviction might not be valid.

Landlords in New Mexico are required to provide a safe and habitable living space and make requested repairs in a reasonable amount of time (7 days).

The New Mexico Supreme Court put a pause, or moratorium, on evictions for nonpayment of rent during the COVID-19 pandemic, but in Bernalillo County the moratorium ended on March 31, 2022. After that date, courts in Bernalillo County can now order tenants to move out for lease violations including missing rent payments.

Month-to-month agreements required 30 days' notice of termination from either the landlord or tenant. For week-to-week agreements, the landlord or tenant must give the other party 7 days' notice of termination.

Every New Mexico tenant has the legal right to seek proper and fair housing without any kind of discrimination against them. The New Mexico landlord-tenant law also allows them to request required repairs for the unit (If it needs them).

What is the Eviction Process in New Mexico? Step 1: Serve an eviction notice on the tenant.Step 2: File an eviction lawsuit with either the district court or magistrate court.Step 3: Tenant answers the complaint and summons.Step 4: Appear at the hearing.

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Albuquerque New Mexico Notice of Lease for Recording