4-923A. Petition by landlord for termination of tenancy and judgment of possession.
[Sections 47-8-35, 47-10-4 to 47-10-6 and 47-10-9 NMSA 1978; for use
only with the Eviction Prevention and Diversion Program]
STATE OF NEW MEXICO
COUNTY OF _______________
___________________ COURT
_____________________________, Plaintiff(s),
v. No. _______________
_____________________________, Defendant(s).
PETITION BY LANDLORD FOR TERMINATION OF TENANCY
AND JUDGMENT OF POSSESSION
(Mobile Home Park Act)
Plaintiff, whose name is ____________________________________________
_____________________________ (include names of all Plaintiffs, if more than one), alleges:
1. Plaintiff is the landlord,1 or an authorized representative of the management, of __________________________________ (name of mobile home park), and is lawfully entitled to possession of the premises located at_______________(mailing address), ____________ ______________ (mobile home space no. or location), ______________ County, New Mexico __________ (zip code).
2. Defendant entered into possession of the premises under a rental agreement2 and has breached the terms of the agreement by (check all that apply)3:
[ ] nonpayment of rent; |
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[ ] noncompliance with local ordinance or state |
[ ] condemnation; |
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law or regulation concerning mobile homes; |
[ ] change of use;4 |
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[ ] tenant conduct constituting annoyance to |
[ ] noncompliance with mobile |
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other tenants or interference with park |
home park rules or regulation;5 and |
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management. |
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A copy of any relevant rental agreement with Defendant is attached to this Petition.
3. The mobile home (is) (is not) subject to the security interest of a first lienholder.6
(If there is a first lien, complete the following.)
The first lienholder is __________________, as evidenced by (select one): [ ] the resident’s application for tenancy or [ ] motor vehicle division title search statement. The address of the first lienholder is ________________________________________________________________
________________________________________________________________.
4. Defendant's contact information is as follows (check one of the following):
[ ] Per Plaintiff’s good faith search, Defendant’s last known contact information is as follows (include for all Defendants, if more than one):
Physical address: ____________________________________________
___________________________________________________________
Mailing address (if different): ____________________________________
___________________________________________________________
Phone number with area code: __________________________________
___________________________________________________________
Email address: ______________________________________________
___________________________________________________________
[ ] Despite Plaintiff's good faith search, Plaintiff has been unable to determine Defendant’s current physical, mailing, or email address or phone number, and Plaintiff states that Plaintiff communicates with Defendant as follows (include information for all Defendants, if more than one):_______________________________________________________
___________________________________________________________
___________________________________________________________
5. Plaintiff gave Defendant written (check all that apply):
[ ] notice of nonpayment of rent on _______________________, _______ (specific date), and Defendant has failed to pay the amount due; and
[ ] (thirty) (sixty)7 day notice to quit on _______________________, _______ (specific date), and Defendant has failed to vacate the premises.
This notice was given by (select all delivery methods Plaintiff used):
[ ] hand delivery to the Defendant;
[ ] certified mail, return receipt requested; &
[ ] posting on the mobile home’s main entrance.
A copy of any relevant written notice given to Defendant is attached to this Petition.
6. Plaintiff certifies that Plaintiff has provided, or immediately will provide, a copy of the Resource Information Sheet8 designated for use in this particular Court to the Defendant, along with this Petition for Termination of Tenancy and Judgment of Possession.
7. Plaintiff certifies that the property at issue in this case (check one):
[ ] IS subject to federal 30-day notice to vacate requirements;
[ ] IS NOT subject to federal 30-day notice to vacate requirements.9
(check and complete Questions 8 and 9, if applicable)
8. [ ] Defendant owes the Plaintiff the following itemized unpaid rent, utilities, and/or other charges in the total amount of $ ___________ as of the date of this petition.
(attach an itemized list or insert amounts below for the monthly rent and other charges due through the date of this Petition, as may be evidenced by the rental agreement(s))
Itemized charges: ______________________ ________________________
______________________ ________________________
______________________ ________________________
9. [ ] Plaintiff has received $__________________ in total government emergency rental assistance on behalf of the Defendant for the premises listed in Paragraph 1.
$___________ addressed back rent, and $__________ was applied as future rent.
[ ] Plaintiff is aware of a pending government rental assistance application made on behalf of Defendant for the premises listed in Paragraph 1 by:
[ ] Defendant
[ ] Plaintiff
[ ] Other (specify): ________________________________
10. Plaintiff holds $________ as a damage deposit for Defendant under the rental agreement.
11. [ ] Plaintiff requests separate trials on the issues of restitution and damages.
12. Plaintiff requests judgment against Defendant, remedied by (select all remedies that Plaintiff seeks):
[ ] 1. Immediate possession of the premises;
[ ] 2. Unpaid rent of $_____________, plus future rent calculated as
$__________ per _____________ (time period) up to the date of restitution;
[ ] 3. Unpaid utilities of $______________;
[ ] 4. Damages as may be determined by the Court;10
[ ] 5. Court costs;11
[ ] 6. Reasonable attorney fees; 11
[ ] 7. Other relief as the court may deem reasonable.
AFFIRMATION
(required, unless signed by an active New Mexico attorney)
I SWEAR OR AFFIRM, under penalty of perjury under the laws of the State of New Mexico, that the statements in this petition are true and correct to the best of my knowledge.
Dated: _________________ |
________________________________ |
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Plaintiff Signature |
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________________________________ |
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Plaintiff Name (print) |
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________________________________ |
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Plaintiff Address (print) |
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________________________________ |
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City, State and Zip Code (print) |
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________________________________ |
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Plaintiff Telephone Number |
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________________________________ Plaintiff Email Address
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USE NOTES
1. See Section 47-10-2(A) NMSA 1978 (defining "landlord" or "management" under the Mobile Home Park Act).
2. The plaintiff must bring a copy of any written rental agreement to court for any hearing or trial on the petition for termination of tenancy and judgment of possession.
3. One of these reasons must apply. See Section 47-10-5 NMSA 1978 (listing permissible reasons for termination); Section 47-10-6 NMSA 1978 (addressing termination for nonpayment of rent).
4. If the plaintiff seeks to terminate the tenancy to change the use of the property and applicable zoning law permits the change of use, the plaintiff must provide six (6)-months notice. See Section 47-10-5(E) NMSA 1978.
5. See Section 47-10-5(C) NMSA 1978 (addressing when rules and regulations of the mobile home park are applicable).
6. See Section 47-10-2(K) NMSA 1978 (defining "first lienholder"); Section 47-10-9(F)-(J) (providing additional definitions); Section 47-10-9(L) (describing process if first lienholder has paid in full).
7. The law requires sixty (60)-days notice if the tenant must remove a multisection mobile home. See Section 47-10-3(C) NMSA 1978.
8. Provide the Resource Information Sheet designated for use in the applicable court. For example, separate sheets exist for: (1) unincorporated areas of Bernalillo County; (2) Doña Ana County; and (3) Albuquerque and other parts of the State of New Mexico.
9. This may be a complicated legal determination, and Plaintiff is encouraged to consult an attorney. See generally the commentary to this form.
10. See Section 47-10-10(D) NMSA 1978 (allowing actual damages, equitable, and injunctive relief); Section 47-10-18 NMSA 1978 (applying Uniform Owner Resident Relations Act ("UORRA") unless Mobile Home Park Act is in direct conflict); Section 47-8-52 NMSA 1978 (same); Section 47-10-4(A) NMSA 1978 (stating that termination actions are "commenced and prosecuted in the manner described in" UORRA); 47-8-33(F) NMSA 1978 (addressing the recovery of damages and injunctive or other relief); Section 47-8-35 NMSA 1978 (addressing damages for breach of the rental agreement and reasonable attorney fees).
11. See Section 47-10-18 NMSA 1978 (applying UORRA unless Mobile Home Park Act is in direct conflict); Section 47-8-52 NMSA 1978 (same); Section 47-10-4(A) NMSA 1978 (stating that termination actions are "commenced and prosecuted in the manner described in" UORRA); Section 47-8-48(A) NMSA 1978 (addressing attorney's fees and court costs).
[Provisionally adopted by Supreme Court Order No. 22-8300-003, effective for all cases pending or filed on or after February 1, 2022, that are subject to the Eviction Prevention and Diversion Program.]