Petition by Landlord for Terminination of Tenancy and Judgment of Possession (Mobile Home Park Act) {4-923}

STATE OF NEW MEXICO COUNTY OF BERNALILLO METROPOLITAN COURT __________________________________, Plaintiff, v. __________________________________, Defendant. No. _________________________ PETITION BY LANDLORD FOR TERMINATION OF TENANCY AND JUDGMENT OF POSSESSION (Mobile Home Park Act) The plaintiff alleges: 1. Plaintiff is lawfully entitled to possession of the premises located at1: ____________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ______________________________________________, New Mexico _________________________________. Defendant entered into possession of the premises under a rental agreement and has breached the terms of the agreement as follows2: ___________________________________________________________________________________________ __________________________________________________________________________________________. A copy of the rental agreement is attached as Exhibit A. The mobile home (is) (is not) subject to the security interest of a first lienholder. (If there is a first lien, complete the following.) The lienholder is ______________________ and the address of the lienholder is __________________________ __________________________________________________________________________________________. 2. 3. 4. Plaintiff gave written: notice of non-payment of rent and the defendant has failed to pay all amounts owed; (thirty) (sixty)3 day notice to quit on _________________, ______ (date), and defendant has failed to vacate the premises. A copy of the written notice is attached as Exhibit B. (check and complete if applicable) 5. The amount of rent and utilities owed is as follows: Unpaid rent $____________ Rent per day until the mobile home is moved from the premises $____________ Late fee $____________ Utilities $____________ Other __________ (explain) $____________ Total due: $____________ 6. Plaintiff holds $___________ of defendant as a damage deposit under the rental agreement. 7. Plaintiff requests separate trials on the issues of termination and damages. Plaintiff requests judgment against defendant, as follows: Rule 4-923 NMRA; adopted effective 9/02/97. Supreme Court Approved 6/16/97 CV-103 Petition by Landlord for Termination of Tenancy and Judgment of Possession (Mobile Home Park Act) (Rev. 03/08) American LegalNet, Inc. www.FormsWorkFlow.com 1. 2. 3. 4. 5. 6. Immediate [removal of the mobile home from the premises] [possession of the above described premises]; Unpaid rent of $__________ plus $___________ per day to date of restitution; Damages as may be determined by the court; Costs of this action; Reasonable attorney fees; Such other relief as the court may deem reasonable. Dated: ____________________ ________________________________ Signed ________________________________ Name (print) ________________________________ Address (print) ________________________________ City, state and zip code (print) ________________________________ Telephone number 1. 2. USE NOTE Section 47-10-4 NMSA 1978 provides that the property description is deemed legally sufficient if it states the name of the landlord or of the mobile home park, the mailing address of the property, the location or space number upon which the mobile home is situated and the county in which the mobile home is situated. The reasons for termination are set forth in Sections 47-10-5 and 47-10-6 NMSA 1978. One of these reasons must be described for termination. Rule 4-923 NMRA; adopted effective 9/02/97. Supreme Court Approved 6/16/97 CV-103 Petition by Landlord for Termination of Tenancy and Judgment of Possession (Mobile Home Park Act) (Rev. 03/08) 2 American LegalNet, Inc. www.FormsWorkFlow.com 3. Sixty days notice is required if the mobile home is a multisection mobile home. See Subsection C of Section 47-10-4 NMSA 1978. Rule 4-923 NMRA; adopted effective 9/02/97. Supreme Court Approved 6/16/97 CV-103 Petition by Landlord for Termination of Tenancy and Judgment of Possession (Mobile Home Park Act) (Rev. 03/08) 3 American LegalNet, Inc. www.FormsWorkFlow.com