New Mexico > Statewide > Landlord Tenant
Petition By Owner For Restitution 4-904 - New Mexico
| Petition By Owner For Restitution Form. This is a New Mexico form and can be used in Landlord Tenant Statewide . |
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4-904. Petition by owner for restitution. [Sections 47-8-42 and 47-8-46 NMSA 1978] STATE OF NEW MEXICO COUNTY OF ___________________________ _________________________ COURT ___________________________, Plaintiff v. ___________________________, Defendant No. __________ PETITION 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 has breached the terms of the agreement, as follows: _______________________________________________________________________ _______________________________________________________. 3. Plaintiff gave written notice of [ ] termination American LegalNet, Inc. www.FormsWorkFlow.com [ ] breach of the rental agreement to defendant on _________________, ____ (date), and defendant has failed to remedy 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 unpaid rent, plus $______________ rent per day to date of restitution, plus damages as determined by the court. [] 5. Plaintiff holds $___________ of defendant as a damage deposit under the rental agreement. [] 6. Plaintiff requests separate trials on the issues of restitution and damages. Plaintiff requests judgment against defendant, as follows: 1. 2. 3. 4. 5. 6. 7. Immediate possession of the premises; Unpaid rent of $_____________, plus $__________ per day to date of restitution; Damages as may be determined by the court; Costs of this action; Reasonable attorneys fees; A civil penalty as provided by law; Such other relief as the court may deem reasonable. 2 American LegalNet, Inc. www.FormsWorkFlow.com Dated: _____________________________ ________________________________ Signed ________________________________ Name (print) ________________________________ Address (print) ________________________________ City, state and zip code (print) ________________________________ Telephone number USE NOTES 1. If the leased premises is an apartment, include the name of the apartments and the apartment number. The owner must bring a copy of any written rental agreement to court for the hearing on the petition for restitution. 2. [Former Rule 4-905 SCRA 1986; recompiled as Rule 4-904 and amended, effective September 2, 1997; April 6, 1998, as amended by Supreme Court Order No. 05-8300-05, effective March 21, 2005.] 3 American LegalNet, Inc. www.FormsWorkFlow.com
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