Form 4-923A. Petition by landlord for termination of tenancy and judgment of possession.

[Sections 47-8-35, 47-10-4 to 47-10-6 and 47-10-9 NMSA 1978; for use only with the Eviction Prevention and Diversion Program] STATE OF NEW MEXICO COUNTY OF _______________ ___________________ COURT _____________________________, Plaintiff(s), v. No. _________ _____________________________, Defendant(s). PETITION BY LANDLORD FOR TERMINATION OF TENANCY AND JUDGMENT OF POSSESSION (Mobile Home Park Act) Plaintiff, whose name is________________________________________________ ________________________ (include names of all Plaintiffs, if more than one), alleges: 1. Plaintiff is the landlord,1 or an authorized representative of the management, of ___________________________ (name of mobile home park), and is lawfully entitled to possession of the premises located at: ____________________________________ _______________________________________________________ (mailing address), __________________________ (mobile home space no. or location), ______________ County, New Mexico __________ (zip code). 2. Defendant entered into possession of the premises under a rental agreement2 and has breached the terms of the agreement by (check all that apply)3: [ ] nonpayment of rent ; [ ] noncompliance with local ordinance or state law or regulation concerning mobile homes; [ ] condemnation; [ ] change of use;4 [ ] noncompliance with mobile home park rules or regulation;5 and [ ] tenant conduct constituting annoyance to other tenants or interference with park management A copy of any relevant rental agreement with Defendant is attached to this Petition. 3. The mobile home (is) (is not) subject to the security interest of a first lienholder.6 (If there is a first lien, complete the following.) The first lienholder is __________________, as evidenced by (select one): [ ] the resident’s application for tenancy or [ ] motor vehicle division title search statement. The address of the first lienholder is _______________________ _______________________________________________________________ 4. Defendant's contact information is as follows (check one of the following): [ ] Per Plaintiff’s good faith search, Defendant’s last known contact information is as follows (include for all Defendants, if more than one): Physical address: ____________________________________________ __________________________________________________________ Mailing address (if different): ____________________________________ ___________________________________________________________ Phone number with area code: __________________________________ Email address: ______________________________________________ [ ] Despite Plaintiff's good faith search, Plaintiff has been unable to determine Defendant’s current physical, mailing, or email address or phone number, and Plaintiff states that Plaintiff communicates with Defendant as follows (include information for all Defendants, if more than one): ___________________________________________________________ ___________________________________________________________ 5. Plaintiff gave Defendant written (check all that apply): [ ] notice of nonpayment of rent on _______________________, _______ (specific date), and Defendant has failed to pay the amount due; and (thirty) (sixty)7 day notice to quit on _______________________, _______ (specific date), and Defendant has failed to vacate the premises. This notice was given by (select all delivery methods Plaintiff used): [ ] hand delivery to the Defendant; [ ] certified mail, return receipt requested; & [ ] posting on the mobile home’s main entrance. A copy of any relevant written notice given to Defendant is attached to this Petition. 6. Plaintiff certifies that Plaintiff has provided, or immediately will provide, a copy of the Resource Information Sheet8 designated for use in this particular Court to the Defendant, along with this Petition for Termination of Tenancy and Judgment of Possession. 7. Plaintiff certifies that the property at issue in this case (check one): [ ] IS subject to federal 30-day notice to vacate requirements; [ ] IS NOT subject to federal 30-day notice to vacate requirements.9 (check and complete Questions 8 and 9, if applicable) 8. [ ] Defendant owes the Plaintiff the following itemized unpaid rent, utilities, and/or other charges in the total amount of $ _________ as of the date of this petition. (attach an itemized list or insert amounts below for the monthly rent and other charges due through the date of this Petition, as may be evidenced by the rental agreement(s)) Itemized charges: _____________________ ____________________ _____________________ ____________________ 9. [ ] Plaintiff has received $ __________________ in total government emergency rental assistance on behalf of the Defendant for the premises listed in Paragraph 1. $ ___________ addressed back rent, and $ ____________ was applied as future rent. [ ] Plaintiff is aware of a pending government rental assistance application made on behalf of Defendant for the premises listed in Paragraph 1 by: [ ] Defendant [ ] Plaintiff [ ] Other (specify): ________________________________ 10. Plaintiff holds $ ________ as a damage deposit for Defendant under the rental agreement. 11. [ ] Plaintiff requests separate trials on the issues of restitution and damages. 12. Plaintiff requests judgment against Defendant, remedied by (select all remedies that Plaintiff seeks): [ ] 1. Immediate possession of the premises; [ ] 2. Unpaid rent of $ _____________, plus future rent calculated as $ _________ per _____________ (time period) up to the date of restitution; [ ] 3. Unpaid utilities of $ ______________; [ ] 4. Damages as may be determined by the Court;10 [ ] 5. Court costs;11 [ ] 6. Reasonable attorney fees; 11 [ ] 7. Other relief as the court may deem reasonable. AFFIRMATION (required, unless signed by an active New Mexico attorney) I SWEAR OR AFFIRM, under penalty of perjury under the laws of the State of New Mexico, that the statements in this petition are true and correct to the best of my knowledge. Dated: _______ _____________________________________________ Plaintiff Signature _____________________________________________ Plaintiff Name (print) _____________________________________________ Plaintiff Address (print) _____________________________________________ City, State and Zip Code (print) _____________________________________________ Plaintiff Telephone Number _____________________________________________ Plaintiff Email Address