Petition By Landlord For Termination Of Tenancy And Judgment Of Possession {4-923}

CIVIL FORM 4-923 Supreme Court Approved June 16, 1997 [ NEW MATERIAL] 1 4-923 2 3 [Sections 47-8-35, 47-10-4 to 47-10-6 and 47-10-9 NMSA 1978] 4 5 STATE OF NEW MEXICO 6 ___________________ COURT 7 ___________________ COUNTY 8 9 No. __________10 11 __________________________________, Plaintiff 12 13 v. 14 15 __________________________________, Defendant 16 17 18 PETITION BY LANDLORD FOR 19 TERMINATION OF TENANCY AND 20 JUDGMENT OF POSSESSION 21 (Mobile Home Park Act) 22 23 The plaintiff alleges: 24 25 1. Plaintiff is lawfully entitled to possession of the 1 26 premises located at : ________________________ 27 ______________________________________________ 28 ______________________________________________ 29 ________________________, New Mexico ________. 30 31 2. Defendant entered into possession of the premises under 32 a rental agreement and has breached the terms of the 2 33 agreement as follows : 34 _______________________________________________________ 35 ______________________________________________________. 36 A copy of the rental agreement is attached as Exhibit 37 A. 38 39 3. The mobile home (is) (is not) subject to the security 40 interest of a first lienholder. 41 42 (If there is a first lien, complete the following.) 43 The lienholder is ______________________ and the 44 address of the lienholder is ___________________ 45 ________________________________________________. 46 47 4. Plaintiff gave written: 48 49 [ ] notice of non-payment of rent and the 50 defendant has failed to pay all amounts owed; 51 <<<<<<<<<********>>>>>>>>>>>>> 2 CIVIL FORM 4-923 Supreme Court Approved June 16, 1997 [ NEW MATERIAL] 3 1 [ ] (thirty) (sixty) day notice to quit on 2 _________________, ______ (date) , and defendant 3 has failed to vacate the premises. 4 5 A copy of the written notice is attached as Exhibit B. 6 7 (check and complete if applicable) 8 [ ] 5. The amount of rent and utilities owed is as 9 follows: 10 Unpaid rent $____________11 Rent per day until the mobile home 12 is moved from the premises $____________13 Late fee $____________14 Utilities $____________15 Other __________ (explain) $____________16 Total due: $____________17 18 [ ] 6. Plaintiff holds $___________ of defendant as a 19 damage deposit under the rental agreement. 20 21 [ ] 7. Plaintiff requests separate trials on the issues 22 of termination and damages. 23 24 Plaintiff requests judgment against defendant, as follows: 25 26 1. Immediate [removal of the mobile home from the 27 premises] [possession of the above described premises]; 28 29 2. Unpaid rent of $__________ plus $___________ per day to 30 date of restitution; 31 32 3. Damages as may be determined by the court; 33 34 4. Costs of this action; 35 36 5. Reasonable attorney fees; 37 38 6. Such other relief as the court may deem reasonable. 39 40 Dated: ____________________ 41 42 ________________________________ 43 Signed 44 45 ________________________________ 46 Name (print) 47 48 ________________________________ 49 Address (print) 2 <<<<<<<<<********>>>>>>>>>>>>> 3 CIVIL FORM 4-923 Supreme Court Approved June 16, 1997 [ NEW MATERIAL] 1 ________________________________ 2 City, state and zip code ( print) 3 4 ________________________________ 5 Telephone number 6 7 USE NOTE 8 9 1. Section 47-10-4 NMSA 1978 provides that 10 the property description is deemed 11 legally sufficient if it states the name 12 of the landlord or of the mobile home 13 park, the mailing address of the 14 property, the location or space number 15 upon which the mobile home is situated 16 and the county in which the mobile home 17 is situated. 18 19 2. The reasons for termination are set 20 forth in Sections 47-10-5 and 47-10-6 21 NMSA 1978. One of these reasons must be 22 described for termination. 23 24 3. Sixty days notice is required if the 25 mobile home is a multisection mobile 26 home. See Subsection C of Section 27 47-10-4 NMSA 1978. 28 29 [Adopted effective September 2, 1997.] 30 3