4-904. Petition by owner for restitution.
[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.]