How to Evict a Tenant in New Mexico

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A landlord in New Mexico can evict a defaulting tenant and recover damages as well as attorney's fees. To terminate a week-to-week lease, the landlord must give written notice at least seven days prior to the specified termination date; to terminate a month-to-month lease, the notice must be 30 days prior to the specified date.

Current Statutes 

47-8-35. - Claim for rent and damages.

If the rental agreement is terminated, the owner is entitled to possession and may have a claim for rent and a separate claim for damages for breach of the rental agreement and reasonable attorney's fees.

47-8-37. Notice of termination and damages

A.     The owner or the resident may terminate a week-to-week residency by a written notice given to the other at least seven days prior to the termination date specified in the notice.

B.     The owner or the resident may terminate a month-to-month residency by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.

C.     If the resident remains in possession without the owner's consent after expiration of the term of the rental agreement or its termination, the owner may bring an action for possession and if the resident's holdover is willful and not in good faith the owner, in addition, may recover the damages sustained by him and reasonable attorney's fees.

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.

47-8-40. Action for possession by owner

A.     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.

 47-8-48. Prevailing party rights in law suit

A.     If suit is brought by any party to the rental agreement to enforce the terms and conditions of the rental agreement, the prevailing party shall be entitled to reasonable attorneys' fees and court costs to be assessed by the court.

Talk with an Attorney

If you are a landlord in New Mexico, you can bring an action for repossession for nonpayment of rent, building violations by the lessee, or any other material noncompliance. If you prevail, you are entitled to reasonable attorneys' fees and court costs. Talk with an experienced attorney to discuss the details of your case.

LA-NOLO2:LDR.1.5.0.20140409.25642