2024 New Mexico Statutes
Chapter 47 - Property Law
Article 10 - Mobile Home Parks
Section 47-10-3 - Tenancy; requirements; notice to quit.
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 quit shall be in writing directed to the resident and in the form specified in this section. The form of notice shall be deemed legally sufficient if it states:
(1) the name of the landlord or of the mobile home park;
(2) the mailing address of the property;
(3) the location or space number upon which the mobile home is situated;
(4) the county in which the mobile home is situate; and
(5) the reason for the termination of the tenancy and the date, place and circumstances of any acts allegedly justifying the termination.
B. The notice to quit shall be served by delivering the notice to the mobile home tenant personally or by posting the notice at the main entrance of the mobile home. If service is made by posting the notice, a copy of the notice shall also be sent by certified mail to the mobile home tenant, return receipt requested. The date of a posting shall be included on the posted notice and on the copy mailed to the mobile home tenant and shall constitute the effective date of the notice.
C. The tenant 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, but which is automatically extended to sixty days where the tenant must remove a multisection mobile home. In those situations where a multisection mobile home is being leased to or occupied by a person other than its owner and in a manner contrary to the rules and regulations of the landlord, then, in that event, the tenancy may be terminated by the landlord upon giving a thirty-day notice instead of a sixty-day notice.
D. No lease shall contain any provision by which the tenant waives his rights under the Mobile Home Park Act, and any such waiver shall be deemed to be contrary to public policy and shall be unenforceable and void. Any lease, however, may provide for the termination of the tenancy in accordance with the provisions of Subsection C of this section.
E. No tenancy shall be terminated by a mobile home park owner solely because of the size or age of the mobile home.
History: Laws 1983, ch. 122, § 3; 1997, ch. 186, § 1.
ANNOTATIONSThe 1997 amendment, effective June 20, 1997, in Subsection A, added "upon the mobile home resident" in the first sentence and inserted "directed to the resident" in the second sentence; rewrote Subsection B; and added Subsection E.
Strict compliance required. — The notice provisions of this act require strict compliance. Green Valley Mobile Home Park v. Mulvaney, 1996-NMSC-037, 121 N.M. 817, 918 P.2d 1317.
Notice to month-to-month tenants required. — The Mobile Home Park Act requires a landlord to include a statement of good cause on a notice to quit that is given to month-to-month tenants. Green Valley Mobile Home Park v. Mulvaney, 1996-NMSC-037, 121 N.M. 817, 918 P.2d 1317.
Notice of nonpayment of rent requires certified mailing when notice is posted. — Where plaintiff posted a notice of nonpayment of rent on the front door of defendant's mobile home, giving plaintiff three days to pay the overdue rent, and where, after the time for curing the overdue rent had passed, plaintiff filed a petition in the metropolitan court seeking to evict defendant, and where, before trial, defendant filed an answer and asserted as an affirmative defense that service of the three-day notice was insufficient, and where, following a bench trial, the metropolitan court issued a final judgment in favor of plaintiff, holding that the Mobile Home Park Act does not require certified mailing of a nonpayment notice because 47-10-6 NMSA 1978 contains a specific and separate provision concerning nonpayment of rent, allowing for notice by service or posting, the metropolitan court erred in applying the provisions of 47-10-6 NMSA 1978, because a notice of nonpayment under 47-10-6 NMSA 1978 functions as a notice to quit when the past-due rent is not paid and, as such, is subject to the service requirements set forth in 47-10-3(B) NMSA 1978, which requires the notice to be sent by certified mail if the landlord chooses to post the notice to quit at the main entrance of the mobile home. Four Hills Park Group, LLC v. Masabarakiza, 2024-NMCA-047.
