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Current as of January 01, 2024 | Updated by FindLaw Staff
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.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 35. Magistrate and Municipal Courts § 35-10-1. Forcible entry or detainer; grounds - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-35-magistrate-and-municipal-courts/nm-st-sect-35-10-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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