Form 4-923. Petition by landlord for termination of tenancy and judgment of possession (Mobile Home Park Act).

[Sections 47-8-35, 47-10-4 to 47-10-6 and 47-10-9 NMSA 1978] STATE OF NEW MEXICO ______________________________ COURT ______________________________ COUNTY No. ____________ ________________________________________, Plaintiff v. ________________________________________, Defendant PETITION BY LANDLORD FOR TERMINATION OF TENANCY AND JUDGMENT OF POSSESSION (Mobile Home Park 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 follows2: _____________________________________________________________________ _____________________________________________________________________. A copy of the rental agreement is attached as Exhibit A. 3. The mobile home (is) (is not) subject to the security interest of a first lienholder. (If there is a first lien, complete the following.) The lienholder is __________________ and the address of the lienholder is_________ _____________________________________________________________________. 4. Plaintiff gave written: [ ] notice of non-payment of rent and the defendant has failed to pay all amounts owed; [ ] (thirty) (sixty)3 day notice to quit on __________________, ________ (date), and defendant has failed to vacate the premises. A copy of the written notice is attached as Exhibit B. (check and complete if applicable) [ ] 5. The amount of rent and utilities owed is as follows: Unpaid rent $__________________ Rent per day until the mobile home is moved from the premises $__________________ Late fee $__________________ Utilities $__________________ Other __________________ (explain) $__________________ Total due: $__________________ [ ] 6. Plaintiff holds $__________________ of defendant as a damage deposit under the rental agreement. [ ] 7. Plaintiff requests separate trials on the issues of termination and damages. Plaintiff requests judgment against defendant, as follows: 1. Immediate [removal of the mobile home from the premises] [possession of the above described 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 attorney fees; 6. Such other relief as the court may deem reasonable. Dated: __________________ ______________________________________ Signed ______________________________________ Name (print) ______________________________________ Address (print) ______________________________________ City, state and zip code (print) ______________________________________ Telephone number