2019 New Mexico Statutes
Chapter 47 - Property Law
Article 8 - Owner-Resident Relations
Section 47-8-46 - Writ of restitution.

A. Upon petition for restitution filed by the owner if judgment is rendered against the defendant for restitution of the premises, the court shall declare the forfeiture of the rental agreement and shall, at the request of the plaintiff or his attorney, issue a writ of restitution directing the sheriff to restore possession of the premises to the plaintiff on a specified date not less than three nor more than seven days after entry of judgment.

B. Upon a petition for restitution filed by the resident, if judgment is rendered against the defendant for restitution of the premises, the court shall, at the request of the plaintiff or his attorney, issue a writ of restitution directing the sheriff to restore possession of the premises to the plaintiff within twenty-four hours after entry of judgment.

History: 1953 Comp., § 70-7-46, enacted by Laws 1975, ch. 38, § 46; 1995, ch. 195, § 21.

The 1995 amendment, effective July 1, 1995, added Subsection A; designated the existing language as Subsection B, and in that subsection, substituted "Upon a petition for restitution filed by the resident" for "Trial shall be had on the date or dates set as in all other cases, and" at the beginning, deleted "declare the forfeiture of the rental agreement and shall" following "the court shall", substituted "within twenty-four hours" for "specified date not more than seven days" near the end, and made minor stylistic changes throughout the subsection.

Restitution not mandatory in back rent actions. — This section does not require that a court issue a writ of restitution if it renders a money judgment against a tenant based on causes of action such as back rent. City of Albuquerque v. Brooks, 1992-NMSC-069, 114 N.M. 572, 844 P.2d 822.

Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Setoff or counterclaim in action by tenant against landlord for restitution under Federal Housing and Rent Act of 1947 and amendments, 10 A.L.R.2d 249.

52A C.J.S. Landlord and Tenant § 762.