4-923. Petition by landlord for termination of tenancy and judgment of possession (Mobile Home Park Act).
[Sections 47-8-35, 47-10-4 to 47-10-6 and 47-10-9 NMSA 1978]
STATE OF NEW MEXICO
______________________________ COURT
______________________________ COUNTY
No. ___________
________________________________________, Plaintiff
v.
________________________________________, Defendant
PETITION BY LANDLORD FOR
TERMINATION OF TENANCY AND
JUDGMENT OF POSSESSION
(Mobile Home Park Act)
The plaintiff alleges:
1. Plaintiff is lawfully entitled to possession of the premises located at:1
________________________________________________________________
_________________________________________________________________________________________________________, New Mexico __________.
2. Defendant entered into possession of the premises under a rental agreement and has breached the terms of the agreement as follows:2
________________________________________________________________
________________________________________________________________.
A copy of the rental agreement is attached as Exhibit A.
3. The mobile home (is) (is not) subject to the security interest of a first lienholder.
(If there is a first lien, complete the following.)
The lienholder is __________________ and the address of the lienholder is ________________________________________________________________.
4. Plaintiff gave written:
[ ] notice of non-payment of rent and the defendant has failed to pay all amounts owed;
[ ] (thirty) (sixty)3 day notice to quit on __________________, ________ (date), and defendant has failed to vacate the premises.
A copy of the written notice is attached as Exhibit B.
(check and complete if applicable)
[ ] 5. The amount of rent and utilities owed is as follows:
Unpaid rent $__________________
Rent per day until the mobile home
is moved from the premises $__________________
Late fee $__________________
Utilities $__________________
Other __________________ (explain) $__________________
Total due: $__________________
[ ] 6. Plaintiff holds $__________________ of defendant as a damage deposit under the rental agreement.
[ ] 7. Plaintiff requests separate trials on the issues of termination and damages.
Plaintiff requests judgment against defendant, as follows:
1. Immediate [removal of the mobile home from the premises] [possession of the above described premises];
2. Unpaid rent of $______________ plus $______________ per day to date of restitution;
3. Damages as may be determined by the court;
4. Costs of this action;
5. Reasonable attorney fees;
6. Such other relief as the court may deem reasonable.
Dated: __________________
_____________________________________
Signed
_____________________________________
Name (print)
_____________________________________
Address (print)
_____________________________________
City, state and zip code (print)
_____________________________________
Telephone number
USE NOTES
1. Section 47-10-4 NMSA 1978 provides that the property description is deemed legally sufficient if it states the name of the landlord or of the mobile home park, the mailing address of the property, the location or space number upon which the mobile home is situated and the county in which the mobile home is situated.
2. The reasons for termination are set forth in Sections 47-10-5 and 47-10-6 NMSA 1978. One of these reasons must be described for termination.
3. Sixty days notice is required if the mobile home is a multisection mobile home. See Subsection C of Section 47-10-4 NMSA 1978.
[Adopted, effective September 2, 1997.]