New Mexico Legal System

Pages: 3 (640 words) Published: December 18, 2014


The Legal System and ADR Analysis
Julian Rodriguez
LAW/531
December 08, 2014
Carol M. Parker
The Legal System and ADR Analysis

December 08, 2014

To: Carol M. Parker

From: Julian Rodriguez

Subject: New Mexico Legal System

The case that typically arises like all evictions, the New Mexico eviction process begins with a written notice served on the tenant. No landlord can evict a tenant without following the required judicial steps. Unlawful eviction attempts include changing the locks, threatening the tenant, denying the tenant access, shutting off utilities or purposely failing to fix a dangerous or unhealthy condition despite a written notice from the tenant to repair the condition. First I will go over the legal eviction process here in the state of New Mexico. Eviction

3-Day Notice this notice is for failure to pay rent on time or the tenant has committed a serious or substantial criminal offense. 7-Day Notice is for other lease violations or to advise the tenant that he/she is not following certain legal obligations. 30-Day Notice are given if the lease agreement has terminated, or if the landlord wishes to evict the tenant for any reason. A Landlord cannot evict someone from their home or apartment before going to court Eviction can only occur once gained permission from a judge with written documentation and proof of the violation of the lease or disturbances in which the individual is getting evicted.

If the eviction process is not done properly the person evicted can sue the landlord for not following the law and get money to compensate for the wrongful eviction process.
A landlord can evict for only a number of reasons
No rent payment
Violation of the lease agreement
Using the apartment for illegal purposes
Legal Phases
The very first phase of the eviction process is that the landlord needs to gain permission by a judge to evict someone.
The landlord or owner of the property will obtain evidence...
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