On what grounds can a New Mexico park evict a resident?

Under NMSA 1978 §47-10-5, 'a tenancy shall be terminated pursuant to the Mobile Home Park Act only for one or more of the following reasons': the tenant's failure to comply with local ordinances and state laws about mobile homes; conduct that annoys other tenants or interferes with park management; failure to comply with reasonable written park rules; or condemnation or change of use of the park. This is general information, not advice about a specific case — consider consulting a licensed attorney in New Mexico.

How much notice does a New Mexico park have to give to evict?

The notice to quit must state the reason and the facts (NMSA 1978 §47-10-3(A)). For nonpayment, §47-10-6 requires a notice allowing 'not less than three days' to pay or remove the home. For other terminations, §47-10-3(C) gives the tenant 'a period of not less than thirty days from the end of the rental period' to remove the home — '60 days where the tenant must remove a multisection mobile home.' A change in land use requires at least 6 months' notice (§47-10-5(E)).

Can a New Mexico park evict me just to change the use of the land?

Only with long notice. Under NMSA 1978 §47-10-5(E), where zoning lets the landlord change the use of the land and the change 'would result in eviction of inhabited mobile homes, the landlord shall first give the owner of each mobile home subject to such eviction a written notice of his intent to evict not less than six months prior to such change of use of the land.'

Mobile home eviction rules in New Mexico

New Mexico's Mobile Home Park Act (NMSA 1978 §§47-10-1 to 47-10-23) limits when a resident can be evicted, requires a reasoned written notice, and builds in generous time to remove the home. The information below describes how the law generally works; anyone facing a specific notice should consider consulting a licensed attorney in New Mexico.

What the statute says

Under NMSA 1978 §47-10-5, "a tenancy shall be terminated pursuant to the Mobile Home Park Act only for one or more of the following reasons": (A) the tenant's failure to comply with local ordinances and state laws and regulations concerning mobile homes; (B) "conduct of the tenant on the premises which constitutes an annoyance to other tenants or interference with park management"; (C) failure to comply with reasonable written park rules (amended rules require 30 days' written notice); or (D) "condemnation or change of use of the mobile home park." A separate change-of-use rule, §47-10-5(E), requires "not less than six months" written notice before a zoning-permitted change of use that would evict inhabited homes.

The notice to quit must be in writing and state "the reason for the termination ... and the date, place and circumstances of any acts allegedly justifying the termination" (§47-10-3(A)). The tenant then "shall be given a period of not less than thirty days from the end of the rental period during which the termination notice was served to remove any mobile home from the premises ... automatically extended to sixty days where the tenant must remove a multisection mobile home" (§47-10-3(C)). For nonpayment, §47-10-6 allows "not less than three days" to pay or remove the home. The eviction action itself runs through the Uniform Owner-Resident Relations Act (§47-10-4).

How it works in general

A New Mexico park can't evict a resident except for one of the specific reasons in the Act, and the notice to quit has to spell out the reason and the facts behind it. Nonpayment is fast — a three-day pay-or-quit notice — but most other terminations give the resident at least 30 days (60 for a multisection home) from the end of the rental period to remove the home. Closing the park for a change of land use is the slowest: the park has to give each affected home owner at least six months' written notice. The eviction lawsuit itself proceeds under New Mexico's general owner-resident law.

Common scenarios

General examples New Mexico park residents commonly encounter:

A resident falls behind on rent. A three-day pay-or-quit notice applies (§47-10-6).
A park ends a tenancy for a rule violation. The resident gets at least 30 days (60 for a multisection home) to remove the home (§47-10-3(C)).
A park plans to redevelop the land. A change of use requires at least six months' notice (§47-10-5(E)).

Other authorities that may apply

The Mobile Home Park Act (NMSA 1978 §§47-10-3 to 47-10-6) sets the grounds, notice, and removal periods; the eviction action runs through the Uniform Owner-Resident Relations Act (§§47-8-1 to 47-8-52), and alternative dispute resolution is available for many disputes under §47-10-17. Federal protections such as the Servicemembers Civil Relief Act and the Fair Housing Act can also apply.