Rule text
[Sections 47-8-42 and 47-8-46 NMSA 1978]
STATE OF NEW MEXICO COUNTY OF _______________ ___________________ COURT No. ____________
_____________________________, Plaintiff
v.
_____________________________, Defendant
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
[ ] 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. Immediate possession of the premises;
2. Unpaid rent of $_____________, plus $__________ per day to date of restitution;
3. Damages as may be determined by the court;
4. Costs of this action;
5. Reasonable attorneys fees;
6. A civil penalty as provided by law;
7. Such other relief as the court may deem reasonable.
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.
2. The owner must bring a copy of any written rental agreement to court for the hearing on the petition for restitution. [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- 005, effective March 21, 2005.]
Notes
ANNOTATIONS
The 2005 amendment, effective March 21, 2005, substituted "Exhibit A" for "Exhibit B" in Paragraph 3 of this form.
The 1998 amendment, effective April 6, 1998, in the allegations, deleted "A copy of the rental agreement is attached as Exhibit A." in Paragraph 2, substituted "include" for "set forth" in Use Note 1 and added Use Note 2.
The 1997 amendment, effective September 2, 1997, recompiled this form, which was formerly compiled as Rule 4-905 NMRA; in the allegations, substituted "has breached" for "is now in default under" and added "A copy of the rental agreement is attached as Exhibit A" in Paragraph 2, substituted "gave" for delivered" and added "termination" in Paragraph 3, substituted "damages as determined by the court" for a blank for specific amount for damage to the premises in Paragraph 4, and deleted former Paragraph 7 relating to demand for a jury trial; in the prayer for relief, substituted "damages as determined by the court" for a blank for specific amount for damage to the premises in Paragraph 3, added Paragraphs 5 and 6, and redesignated former Paragraph 5 as paragraph 7; and made stylistic changes throughout.
Recompilations.-- Former Rule 4-904 NMRA, relating to summons and notice of trial on petition for writ restitution, was recompiled as Rule 4-905 NMRA, effective September 2, 1997.