Section 47-10-4 - Action for termination.

NM Stat § 47-10-4 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

A. The action for termination shall be commenced and prosecuted in the manner described in the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-52 NMSA 1978]. The property description shall be deemed legally sufficient if it states:

(1) the name of the landlord or of the mobile home park;

(2) the mailing address of the property;

(3) the location or space number upon which the mobile home is situated; and

(4) the county in which the mobile home is situate.

B. Service of the summons shall be as specified in Section 47-8-43 NMSA 1978. Service by posting shall be deemed legally sufficient within the meaning of Section 47-8-43 NMSA 1978 if the summons is conspicuously affixed to the main entrance of the mobile home.

C. Jurisdiction of courts in cases of forcible entry, forcible detainer or unlawful detainer shall be as specified in Section 47-8-49 NMSA 1978.

D. After commencement of the action and before judgment, any person not already a party to the action who is discovered to have a property interest in the mobile home shall be allowed to enter into a stipulation with the landlord and be bound thereby.

History: Laws 1983, ch. 122, § 4.

Acts linked. — Although the Uniform Owner-Resident Relations Act, Section 47-8-1 NMSA 1978 et seq., governs the rights and obligations of owners and residents of "dwelling units," and the Mobile Home Park Act governs tenancy in a "mobile home park," the legislature has linked the two acts in that the latter provides that an action for termination shall be commenced and prosecuted in the manner described in the former. Martinez v. Sedillo, 2005-NMCA-029, 137 N.M. 103, 107 P.3d 543.