§ 35-10-1 — Forcible entry or detainer; grounds

New Mexico § 35-10-1

• Jurisdiction: New Mexico
• Ch. 35: Magistrate and Municipal Courts
• Art. 10: Magistrate Court; Forcible Entry or Unlawful Detainer

Text

A. A civil action for forcible entry or unlawful detainer of real property is commenced by the filing of a civil complaint alleging that one or more of the following facts exists: (1) the defendant entered and occupied the lands and tenements of another against the will or consent of the owner and refused to vacate the premises after notice by the owner or his agent or attorney; (2) the defendant holds over after the termination, or contrary to the terms of, his lease or tenancy; (3) the defendant fails to pay rent at the time stipulated for payment; (4) the defendant continues in possession after a sale by foreclosure of mortgage or on execution unless the defendant claims by a title paramount to the mortgage under which the sale was made or by title derived from the purchaser at the sale; or (5) the defendant is a tenant from month to month or a tenant at will and continues in possession of the premises after thirty days' written notice by the owner or his agent or attorney to vacate. B. The district court of the county in which the real property is located has concurrent original jurisdiction in civil actions for forcible entry or unlawful detainer when the rent contracted for amounts to fifty dollars ($50.00) or more a month or when the reasonable rental value of the premises is fifty dollars ($50.00) or more a month.

Legislative History

1953 Comp., § 36-12-1, enacted by Laws 1968, ch. 62, § 122.