Form 4-904. Petition by owner for restitution.

[Sections 47-8-42 and 47-8-46 NMSA 1978] STATE OF NEW MEXICO COUNTY OF _______________ ___________________ COURT No. ____________ _____________________________, Plaintiff v. _____________________________, Defendant PETITION BY OWNER FOR RESTITUTION (Uniform Owner-Resident Relations Act) The plaintiff alleges: 1. Plaintiff is lawfully entitled to possession of the premises located at1: ________________________________________________________________ ______ ________________________________________________________________ ______ ________________________, New Mexico _______. 2. Defendant entered into possession of the premises under a rental agreement and has breached the terms of the agreement, as follows: ________________________________________________________________ _____ ________________________________________________________________ _____. 3. Plaintiff gave written notice of [ ] termination [ ] breach of the rental agreement to defendant on _________________, ____ (date), and defendant has failed to remedy the breach. A copy of the written notice is attached as Exhibit A. (check and complete if applicable) [ ] 4. Defendant is indebted to plaintiff in the sum of $_____________ for unpaid rent, plus $______________ rent per day to date of restitution, plus damages as determined by the court. [ ] 5. Plaintiff holds $___________ of defendant as a damage deposit under the rental agreement. [ ] 6. Plaintiff requests separate trials on the issues of restitution and damages. Plaintiff requests judgment against defendant, as follows: 1. Immediate possession of the premises; 2. Unpaid rent of $_____________, plus $__________ per day to date of restitution; 3. Damages as may be determined by the court; 4. Costs of this action; 5. Reasonable attorneys fees; 6. A civil penalty as provided by law; 7. Such other relief as the court may deem reasonable. Dated: ____________________ ________________________________ Signed ________________________________ Name (print) ________________________________ Address (print) ________________________________ City, state and zip code (print) ________________________________ Telephone number