Chapter 47 — Chapter 47

Transactions entered into before the effective date of the Uniform Owner-Resident Relations Act, and not extended or renewed after that date, and the rights, duties and interests flowing from them remain valid and may be terminated, completed, consummated or enforced as required …

The provisions of the Uniform Owner-Resident Relations Act are applicable to rental agreements entered into or extended or renewed after the effective date and shall not be applicable to any agreements or conditions entered into between the owner and resident which provisions may…

Unless a provision of the Mobile Home Park Act [Chapter 47, Article 10 NMSA 1978] directly conflicts with the provisions of the Uniform Owner-Resident Relations Act, the provisions of the Uniform Owner-Resident Relations Act shall apply to mobile home park owners and residents. H…

A. The remedies provided by the Uniform Owner-Resident Relations Act shall be so administered that the aggrieved party may recover damages as provided in the Uniform Owner-Resident Relations Act. The aggrieved party has a duty to mitigate damages. B. Any right or obligation decla…

A claim or right arising under the Uniform Owner-Resident Relations Act or on a rental agreement may be settled by agreement. History: 1953 Comp., § 70-7-7, enacted by Laws 1975, ch. 38, § 7.

The Uniform Owner-Resident Relations Act applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within this state. History: 1953 Comp., § 70-7-8, enacted by Laws 1975, ch. 38, § 8.

Unless created to avoid the application of the Uniform Owner-Resident Relations Act, the following arrangements are exempted by that act: A. residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, counseling, religious, e…

A. No political subdivision or any home rule municipality shall enact an ordinance or resolution that controls or would have the effect of controlling rental rates for privately owned real property. B. This section does not impair the right of a state agency, county or municipali…

Sections 47-9-1 through 47-9-7 NMSA 1978 may be cited as the "Right to Farm Act". History: Laws 1981, ch. 287, § 1; 1991, ch. 129, § 1.

The purpose of the Right to Farm Act is to conserve, protect, encourage, develop and improve agricultural land for the production of agricultural products and to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural oper…

A. Any agricultural operation or agricultural facility is not, nor shall it become, a private or public nuisance by any changed condition in or about the locality of the agricultural operation or agricultural facility if the operation was not a nuisance at the time the operation …

The Right to Farm Act shall not invalidate any contracts made prior to the enactment of that act but shall be applicable only to contracts and agreements after the effective date of that act. This section shall not be construed to invalidate or supercede land uses and related pow…

As used in the Right To Farm Act: A. "agricultural facility" includes but is not limited to any land, building, structure, pond, impoundment, appurtenance, machinery or equipment that is used for the commercial production or processing of crops, livestock, animals, poultry, honey…

The provisions of the Right to Farm Act do not affect or defeat the right of a person to recover damages from injuries or damages sustained by him because of the pollution of, or change in the condition of, waters of a stream or because of an overflow on his lands. History: 1978 …

If a court determines that any action alleging that an agricultural operation is a nuisance is frivolous, the court may award reasonable costs and attorneys' fees to the defendant. History: 1978 Comp., § 47-9-7, enacted by Laws 1991, ch. 129, § 5.

Chapter 47, Article 10 NMSA 1978 may be cited as the "Mobile Home Park Act". History: Laws 1983, ch. 122, § 1; 1993, ch. 147, § 1.

court costs. A. The owner of a mobile home park or the agent of such owner shall neither pay to nor receive from an owner or a seller of a mobile home an entry fee of any type as a condition of tenancy in a mobile home park. B. As used in this section, "entry fee" means any fee p…

A. The management shall not require, as a condition of tenancy in a mobile home park, that the prospective tenant purchase a mobile home from a particular seller or from any one of a particular group of sellers and shall not require that the management act as agent in the future …

The owner of a mobile home park or his agent shall not require payment of any type of selling fee or transfer fee by either a tenant in the park wishing to sell his mobile home to another party or by any party wishing to buy a mobile home from a tenant in the park as a condition …

A seller of mobile homes shall not pay or offer cash or other consideration other than rent to the owner of a mobile home park or his agent for the purpose of reserving spaces or otherwise inducing acceptance of one or more mobile homes in a mobile home park. History: Laws 1983, …

A. The terms and conditions of a tenancy shall be adequately disclosed in writing in a rental agreement by the management to any prospective resident prior to the rental or occupancy of a mobile home space or lot. The disclosures shall include: (1) the term of the tenancy, the am…

The management shall adopt rules and regulations concerning all residents' use and occupancy of the premises. The rules and regulations are enforceable against a resident only if: A. they are submitted to tenants for their comment sixty days prior to the rules being implemented; …

physical improvements. A. The management shall notify mobile home park residents of proposed new rules or amendments to existing rules at least sixty days prior to the effective date of the new or amended rules. The management shall allow residents a thirty-day comment period on …

authorized. A. The management of a new mobile park or manufactured housing community development may require as a condition of leasing a mobile home site or manufactured home site for the first time such site is offered for lease that the prospective lessee has purchased a mobile…

actions. A. In any civil dispute between the management and a resident of a mobile home park arising out of the provisions of the Mobile Home Park Act, except for nonpayment of rent or utility charges or in cases in which the health or safety of other residents is in imminent dan…

Unless a provision of the Mobile Home Park Act directly conflicts with the provisions of the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-52 NMSA 1978], the provisions of the Uniform Owner-Resident Relations Act shall apply to mobile home park owners and residents. Histor…

A. A landlord shall fully and accurately disclose in writing to a resident an increase in rent. The disclosure shall be provided to a resident at least sixty days prior to implementation of an increase in rent. B. Upon receiving a written request from a resident or prospective re…

As used in the Mobile Home Park Act: A. "landlord" or "management" means the owner or any person responsible for operating and managing a mobile home park or an agent, employee or representative authorized to act on the management's behalf in connection with matters relating to t…

A. Mobile home park owners shall be responsible for maintaining all park-owned exterior utility lines from the mobile home hookups to the main lines in the park, except lines that are damaged by a resident. B. When a landlord purchases utility services for residents, the charge f…

disclosure requirement. A. A landlord may charge residents a reasonable fee to offset the cost of administration incurred by a landlord when he provides utility services to residents. B. The amount of the administrative fee for utility services shall be fully and accurately discl…

When a landlord purchases utility services for residents, he shall provide residents with a monthly itemized bill that includes: A. a separate listing of charges for each utility service; B. the amount consumed and the cost per unit for each utility service; provided, that when i…

A. For each violation by a landlord of the provisions of Sections 47-10-19 through 47-10-22 NMSA 1978 a landlord may be charged a civil penalty not to exceed five hundred dollars ($500). B. The remedies provided in this section are not exclusive and do not limit the rights or rem…

A. No tenancy or other lease or rental occupancy of space in a mobile home park shall commence without a written lease or rental agreement, and no tenancy in a mobile home park shall be terminated until a notice to quit has been served upon the mobile home resident. The notice to…

A. The action for termination shall be commenced and prosecuted in the manner described in the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-52 NMSA 1978]. The property description shall be deemed legally sufficient if it states: (1) the name of the landlord or of the mobi…

A tenancy shall be terminated pursuant to the Mobile Home Park Act only for one or more of the following reasons: A. failure of the tenant to comply with local ordinances and state laws and regulations concerning mobile homes; B. conduct of the tenant on the premises which consti…

Any tenancy or other estate at will or lease in a mobile home park may be terminated upon the landlord's written notice to the tenant requiring, in the alternative, payment of rent and utility charges or the removal of the tenant's unit from the premises, within a period of not l…

Common areas of a mobile home park shall be open to all residents of the mobile home park at all reasonable times subject to such conditions and limitations as are imposed by written regulations of the mobile home park owner or management. Meetings of tenants relating to mobile h…

The owner of a mobile home park or his agents may charge a security deposit not greater than the amount of one month's rent or two months' rent for multiwide units. History: Laws 1983, ch. 122, § 8.

A. Upon granting judgment for possession by the landlord in a forcible entry and detainer action, the court shall issue the writ of restitution as provided in Section 47-8- 46 NMSA 1978. B. The notice of judgment shall state that at a specified time, not less than forty- eight ho…

This act [47-11-1 to 47-11-13 NMSA 1978] may be cited as the "New Mexico Time Share Act". History: Laws 1986, ch. 97, § 1.

The Securities Act of New Mexico shall apply to time shares deemed to be investment contracts or to other securities offered with or incident to a time share. History: Laws 1986, ch. 97, § 11.

registration; renewal; reinstatement; termination of developer's interest. A. Prior to the offering in this state of any time share located in this state, the developer of the time share project shall make written application to the commission for the registration of the project.…

projects; financial report to secretary of state. A. The executive secretary of the commission shall keep a register of all applicants for certificates of registration, showing for each the date of application, name, business address and whether the certificate was granted or ref…

A. The commission shall have power to take disciplinary action. Upon its own motion, or on the verified complaint of any person, the commission may investigate the actions of any time share broker or salesperson or any developer of a time share project registered under the New Me…

The provisions of the New Mexico Time Share Act shall not be construed to limit in any manner the right of a purchaser or other person injured by a violation of the New Mexico Time Share Act to bring a private action. History: Laws 1986, ch. 97, § 15.

A. Prior to the recordation of any instrument transferring a time share, the developer shall record or furnish to the purchaser a release of all liens affecting that time share or shall provide a surety bond or insurance against the lien from a company acceptable to the commissio…

As used in the New Mexico Time Share Act: A. "commission" means the New Mexico real estate commission; B. "developer" means any person creating or engaged in the business of selling ten or more of its own time shares and includes any person who controls, is controlled by or is in…

salesperson license required. A. It shall be unlawful for any person in this state to engage or attempt to engage in the business of a time share salesperson without first obtaining a real estate broker or salesperson license issued by the New Mexico real estate commission under …

A. A time share is deemed to be an interest in real estate and shall be governed by the law of this state relating to real estate. B. A purchaser of a time share may, in accordance with Section 14-9-1 NMSA 1978, record the instrument by which he acquired his interest and upon suc…

Each developer shall fully and conspicuously disclose to each purchaser in a disclosure statement at least the following information: A. the total financial obligation of the purchaser, including the initial purchase price and any additional charges to which the purchaser may be …