Albuquerque Eviction Lawyer
Know Your Rights as a Landlord or Tenant
If you are dealing with a non-paying or unruly tenant and need to evict them from your property as fast as possible, The Threet Law Firm can help you get the job done. Alternatively, if you are a tenant who is being unlawfully evicted, we can help you fight to remain in your home.
There are many legal requirements that must be met prior to an eviction. Let our Albuquerque eviction attorney guide you through the complex laws that apply to these situations and help you ensure your rights and interests remain protected.
The New Mexico Eviction Process
In New Mexico, state legislature and real estate law determines the eviction process. A landlord or property manager must have legal cause to evict a tenant before expiration of the lease.
Valid legal cause for eviction pertains to either:
- The tenant’s failure to pay rent
- The tenant’s violation of the terms of the lease or rental agreement
If one of these reasons is present, the landlord may proceed with the eviction process.
The first step is to terminate the rental agreement with a written notice. The notice will state the reason why they are receiving the notice and the action needed. If they fail to take action, an eviction lawsuit will be filed.
The four options for a notice of lease termination include:
- Three-day notice to pay: Notifies a tenant who has failed to pay rent that they have three days to pay or else they will be evicted
- Seven-day notice to remedy: Informs a tenant who has violated the rental agreement that they have seven days to fix the violation
- Three-day unconditional quit notice: Makes a tenant aware that they have committed a substantial violation, which has resulted in the termination of tenancy after three days
- 30-day notice: Notifies a tenant that they must leave the property within 30 days due to a termination of the lease, an absence of a written lease agreement, or a lease becoming month-to-month
Evictions can have a massive impact on a tenant's life. These regulations are intended to ensure any evictions are justified and the tenant has the time needed to find a new place to live.
Overstepping Legal Boundaries
It is important to remember that landlords and property managers are not permitted by the law to force a tenant to move out of a rental property. They must go through the legal process of eviction. If the tenant refuses to leave even after the proper notice is given, the landlord must file a “petition by owner for restitution” with the court clerk’s office.
If the landlord wins the case, the court will issue an order and writ of restitution, which will demand the tenant to move out within three or seven days. Should the tenant fail to leave after the specified period, only law enforcement officials are authorized to remove them from the property. If a landlord attempts to forcibly remove the tenant, the tenant has the right to file a lawsuit against the landlord for using unlawful eviction procedures.
Current Eviction Moratorium in New Mexico
The New Mexico Supreme Court has issued a pause on all evictions for New Mexico residents who can prove their inability to pay rent was due to COVID-19 complications. When the renter receives the notification of the eviction lawsuit, they must participate to provide evidence of their inability to pay rent during the current health crisis.
This eviction moratorium will be in place until October 3rd, 2021, unless extended.
Get Help From The Threet Law Firm Today
The Threet Law Firm is here to help you with your landlord-tenant dispute. Our Albuquerque eviction lawyers have over 75 years of experience handling these and other real estate cases. When you depend on our team, we can ensure that you adhere to the laws that govern these situations. If your rights have been violated, we can help make the situation right.
Schedule a free consultation with our experienced real estate attorney by contacting (505) 881-5155 now.
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