EZRCP · New Mexico · Part 1 - District Court Rules · Form 4-902A NMRA

Form 4-902A NMRA. — Resident's seven-day notice of abatement or termination of rental agreement (Uniform Owner-Resident Relations Act).

New Mexico · Part 1 - District Court Rules

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Rule text

[Sections 47-8-27.2 and 47-8-37 NMSA 1978]

RESIDENT'S SEVEN-DAY NOTICE OF ABATEMENT OR TERMINATION OF RENTAL AGREEMENT1 (Uniform Owner-Resident Relations Act)

To: ______________________________________________________________________ Address: ______________________________________________________________________ ______________________________________________________________________ (include name and unit number if applicable) ___________________________, New Mexico ________________ (zip code).

You are notified that you have breached the rental agreement or the Uniform Owner- Resident Relations Act concerning the premises at:

_______________________________________________________________________________ _______________________________________________________________________________ _________________________ (include name and unit number if applicable) ___________________________________, New Mexico ________________ (zip code),

in that (check all that apply)

[] You failed to make repairs and do whatever is necessary to put and keep the premises in a safe condition as provided by applicable law and rules and regulations;

[] You failed to keep common areas of the premises in a safe condition;

[] You failed to maintain in good and safe working order and condition electrical, plumbing, sanitary, heating, ventilating, air conditioning or other facilities and appliances supplied by you;

[] You failed to provide and maintain appropriate receptacles for the removal of garbage and other waste and arrange for their removal from the appropriate receptacle;

[] You failed to supply running water and a reasonable amount of hot water at a reasonable temperature at all times; [] The dwelling I rent from you does not substantially comply with the minimum housing codes that materially affect health and safety.

Specifically, the condition which needs to be remedied is as follows:

________________________________________________________________ ________________________________________________________________ ________________________________________________________________. (describe the condition specifically and in detail. Attach additional pages if necessary.)

This condition materially affects the health and safety or habitability of the dwelling I rent. If reasonable steps are not taken to correct this condition within seven (7) days from the date of delivery set out below, I will: (check only one)

[ ] Reside in the dwelling and withhold one third of my daily rent until the condition is corrected;

[ ] Temporarily move from the dwelling and withhold all of my rent until the condition is corrected;

[ ] Terminate the rental agreement and vacate the dwelling.

Dated this ____________ day of ______________, ________.

_______________________________________ Resident

Service of notice

[ ] personally delivered to owner [ ] posted and mailed [ ] mailed [ ] mailed certified mail

[ ] Delivered [ ] posted: Mailed: Time: __________________ Time: __________________ Date: __________________ Date: __________________ By2: ___________________ By2: ___________________

USE NOTES

1. The party giving notice should retain two (2) copies for possible court action. 2. Include the name of the person delivering, posting or mailing the notice.

[Approved, effective March 1, 2000; as amended by Supreme Court Order No. 08-8300- 019, effective August 4, 2008.]

Notes

ANNOTATIONS

The 2008 amendment, effective August 4, 2008, changed the provision that provided for withholding of one-third of rent from monthly rent to daily rent if the landlord does not take reasonable steps to correct the landlord's default.