Rule text
[Sections 47-10-3 and 47-10-6 NMSA 1978]
THREE-DAY NOTICE OF NONPAYMENT OF RENT1 (Mobile Home Park Act)
To: ____________________________________________________________________ Address: ____________________________________________________________________ ________________________________________, New Mexico _________________
You are notified that you have failed to pay rent as required by the agreement or separate agreement for a mobile home located in ________________________ County, New Mexico at:
________________________________________ (name of mobile home park) ________________________________________ (mobile home address) ________________________________________ (mobile home lot or space) ________________________________________, New Mexico ______________. The amount of rent and utilities owed is as follows:
Rent: $ __________________ Late fee: $ __________________ Utilities: $ __________________ Other ________ $ __________________ (explain) Total due: $ __________________
If the total shown above is not paid within three (3) days from the date of delivery set out below, the rental agreement is terminated. Payment will be accepted only by:
[ ] cash [ ] money order [ ] cashiers or certified check [ ] personal check
Dated this ________ day of ______________, ________.
______________________________________ (owner, manager or agent)
Service of notice2: [ ] personally delivered to resident [ ] posted on the mobile home on ______________ (date) and mailed certified mail, return receipt requested
[ ] Delivered [ ] posted: Mailed: Time: __________________ Time: __________________ Date: __________________ Date: __________________ By3: ___________________ By3: ___________________
USE NOTES
1. The party giving notice should retain two (2) copies for possible court action.
2. Section 47-10-3 NMSA 1978 provides that service of a notice to quit shall be served by delivering the notice to the tenant personally or by posting the notice at the main entrance of the mobile home and sending a copy to the tenant by certified mail, return receipt requested. If this notice is personally delivered to the resident, mailing or posting is not required. The date of posting must be included on the posted notice and on the copy mailed to the mobile home tenant.
3. Set forth the name of the person delivering, posting or mailing the notice. [Adopted, effective September 2, 1997.]
Notes
ANNOTATIONS
Recompilations.-- Former Rule 4-921 NMRA, relating to notice of judgment, was recompiled as Rule 4-927 NMRA, effective September 2, 1997.
Notice of nonpayment of rent requires certified mailing when notice is posted. -- Where plaintiff posted a notice of nonpayment of rent on the front door of defendant's mobile home, giving plaintiff three days to pay the overdue rent, and where, after the time for curing the overdue rent had passed, plaintiff filed a petition in the metropolitan court seeking to evict defendant, and where, before trial, defendant filed an answer and asserted as an affirmative defense that service of the three-day notice was insufficient, and where, following a bench trial, the metropolitan court issued a final judgment in favor of plaintiff, holding that the Mobile Home Park Act does not require certified mailing of a nonpayment notice because 47-10-6 NMSA 1978 contains a specific and separate provision concerning nonpayment of rent, allowing for notice by service or posting, the metropolitan court erred in applying the provisions of 47-10-6 NMSA 1978, because a notice of nonpayment under 47-10-6 NMSA 1978 functions as a notice to quit when the past-due rent is not paid and, as such, is subject to the service requirements set forth in 47-10-3(B) NMSA 1978, which requires the notice to be sent by certified mail if the landlord chooses to post the notice to quit at the main entrance of the mobile home. Four Hills Park Group, LLC v. Masabarakiza, 2024-NMCA-047.