Form 4-922 NMRA. — [Thirty-day notice] [sixty-day notice] to quit (Mobile Home Park Act).

[Section 47-10-3 NMSA 1978]

[THIRTY-DAY NOTICE] [SIXTY-DAY NOTICE]1 TO QUIT2 (Mobile Home Park Act)

To: ___________________________________________________________________ ___________________________________________________________________ Address: _____________________________________________________________County ______________________________________, New Mexico __________________

You are notified that the undersigned terminates the rental 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 ________ effective ______________, ________ (date). You are to remove your mobile home from the premises by ______________, ________1. This notice of termination is given for the following reasons3:

___________________________________________________________________ ___________________________________________________________________

Failure to vacate by this date will result in a legal action being filed against you. Dated this ________ day of ______________, ________.

________________________________________ (owner, manager or agent)

Service of notice4:

[] 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: __________________ By5: ___________________ By5: ___________________

USE NOTES

1. See Section 47-10-3 NMSA 1978. The tenant must be given a period of not less than thirty days from the end of the rental period during which the termination notice was served to remove any mobile home from the premises. If the mobile home is a multisection mobile home and the tenant is the owner of the mobile home, the tenant must be given sixty (60) days from the end of the rental period to move the mobile home from the premises. However, if the multisection mobile home is being leased to or occupied by a person other than its owner a thirty-day notice is all that is required.

2. Use Civil Form 4-921 NMRA if termination is for non-payment of rent.

3. Set forth the reason for termination of the tenancy and the date, place and circumstances of any acts allegedly justifying the termination. See Section 47-10-5 NMSA 1978 for the reasons a mobile home park tenancy may be terminated.

4. 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.

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

[Adopted, effective September 2, 1997.]