An owner's action for possession is set for trial 7 to 10 days after the summons is served. For good cause the court may continue the hearing by up to 7 days.
New Mexico magistrate and metropolitan courts charge a docket fee to file any civil action, including an eviction, under NMSA 1978 § 35-6-1(A). The current schedule shows the docket fee as $72.00; check the amount with the court before filing. The court may waive costs for a party who shows indigency.
Banned. Without a court order, an owner may not exclude or remove a resident by fraud, changing or plugging locks, blocking entrances, interfering with utilities (electricity, gas, water, heat, etc.), removing the resident's belongings, disabling appliances, or making the unit inaccessible or uninhabitable.
Yes. An owner may not raise rent, cut services, or bring or threaten an eviction against a compliant resident who, within the previous 6 months: complained to a code or fair-housing agency, joined a residents' union, made a written repair request or otherwise exercised UORRA rights, sued or won a suit against the owner, testified for another resident, or lawfully abated rent.
If the resident stays without the owner's consent after the term ends or is terminated, the owner may sue for possession; if the holdover is willful and not in good faith, the owner may also recover damages and reasonable attorney's fees (NMSA 1978 § 47-8-37(C)).
Rent abatement: after written notice of a § 47-8-20(A) violation, if the owner does not remedy within 7 days the resident may abate one-third of the pro-rata daily rent for each day until fixed, or 100% if the unit is uninhabitable and the resident does not live there (NMSA 1978 § 47-8-27.2(A)).
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