Petition By Owner For Restitution {4-904}

4-904[Sections 47-8-42 and 47-8-46 NMSA 1978]STATE OF NEW MEXICOCOUNTY OF COURTNo. , Plaintiffv., DefendantPETITION BY OWNER FOR RESTITUTION(Uniform Owner-Resident Relations Act)The plaintiff alleges:1.Plaintiff is lawfully entitled to possession of the premises located at1:, New Mexico .2.Defendant entered into possession of the premises under a rental agreement and hasbreached the terms of the agreement, as follows:.3.Plaintiff gave written notice of[ ] termination[ ] breach of the rental agreementto defendant on , (date), and defendant has failed toremedy the breach.A copy of the written notice is attached as Exhibit A.(check and complete if applicable)[ ]4.Defendant is indebted to plaintiff in the sum of $ for unpaidrent, plus $ rent per day to date of restitution, plus damagesas determined by the court.[ ]5.Plaintiff holds $ of defendant as a damage deposit under therental agreement.[ ]6.Plaintiff requests separate trials on the issues of restitution and damages.Plaintiff requests judgment against defendant, as follows: American LegalNet, Inc. www.FormsWorkFlow.com 21.Immediate possession of the 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 attorneys fees;6.A civil penalty as provided by law;7.Such other relief as the court may deem reasonable.Dated: SignedName (print)Address (print) City, state and zip code (print)Telephone numberUSE NOTES1.If the leased premises is an apartment, include the name of the apartments and theapartment number.2.The owner must bring a copy of any written rental agreement to court for the hearingon the petition for restitution.[As amended, effective March 21, 2005.] American LegalNet, Inc. www.FormsWorkFlow.com