Eviction Protections for Mobile Home Owners in New Mexico

If you own your mobile home but rent a lot in a New Mexico mobile home park, special laws protect you from sudden eviction. Understanding your rights can help you stay secure, respond to notices, and know what steps to take if you face a dispute.

Understanding Mobile Home Eviction Protections in New Mexico

Mobile home owners in New Mexico are covered by the New Mexico Mobile Home Park Act. This law outlines when and how a landlord (park owner) can ask you to move your home and what process must be followed.^[1]

Who Is Protected?

• Residents who own their mobile home but rent space in a park with at least 12 occupied lots
• Both year-round and seasonal residents

This Act does not cover people renting both the home and the lot or those outside of mobile home parks.

When Can a Mobile Home Owner Be Evicted?

Eviction can only occur for specific legal reasons and with proper notice. Common grounds include:

• Nonpayment of rent
• Repeated late payment or rules violations
• Substantial damage to property or neighbor safety
• Park closure or land use change (special rules apply)

The landlord must provide written notice before any eviction, and the amount of time depends on the reason.

Required Eviction Notices

• Nonpayment of Rent: 3-day written notice to pay or vacate
• Other Lease Violations: 7-day written notice, with a chance to fix the problem in most cases
• Park Closure or Change of Use: 12-month written notice

Notices must clearly state the reason and, for some violations, give you a chance to correct the issue.

Your Rights During the Eviction Process

• The park cannot evict you without a court order
• You have a right to written notice and to contest the eviction in court
• You may stay until the legal process is complete, even if you receive a notice

How to Respond to an Eviction Notice

If you’re facing an eviction, here are key steps you should take:

• Read the notice carefully—check dates and reasons given
• Contact your landlord in writing if you believe the notice is mistaken
• Consider mediation through the New Mexico Courts – Alternative Dispute Resolution if a disagreement arises
• If you get a court summons (formal court notice), prepare to attend and present your case
• Seek legal help if you have questions or feel overwhelmed

Official Forms Mobile Home Residents May Need

• Summons and Complaint Form (NMRA Form 4-902)
  Summons and Complaint for Restitution is used by the landlord to begin an eviction lawsuit if issues are not resolved. If you receive this, you will also get a court date.
  Example: The park files this form in court because you have not paid rent after receiving notice. You must respond to the complaint in court by the specified date.
• Answer Form (NMRA Form 4-905)
  The Answer to Complaint for Restitution allows you to explain why you should not be evicted. Use this form if you disagree with the landlord’s claims.
  Example: You have paid your rent or believe the notice is incorrect—submit this form to assert your defense in court.

Who Handles Mobile Home Evictions in New Mexico?

The legal body responsible is the New Mexico Magistrate and Metropolitan Courts. All eviction cases, including those for mobile home parks, are processed here.^[2]

Relevant New Mexico Mobile Home Park Legislation

• New Mexico Mobile Home Park Act (NMSA 1978, Sections 47-10-1 et seq.) – Full tenancy rights and eviction procedures are outlined here.^[1]

For legal definitions and full details, refer to the Act directly using the link above.

Frequently Asked Questions for Mobile Home Owners

1. What notice am I entitled to if my park is closing?
   If the landlord intends to close the park or change its use, you must receive a 12-month written notice before the closure date.
2. Can I be evicted immediately for nonpayment?
   No, you must first receive a written 3-day notice to pay the overdue rent or move before the landlord can start a court process.
3. What do I do if I get a court summons?
   File an answer with the court (using the Answer Form), and appear on your hearing date to share your side and present evidence.
4. Is selling my home a valid defense against eviction?
   You may sell your mobile home, but you are still responsible for following park rules and paying rent during the process unless otherwise agreed.
5. Who can help me if I have questions about my rights?
   You can contact the New Mexico Legal Aid or your local court’s self-help center for guidance on forms and processes.

Need Help? Resources for Renters

• New Mexico Legal Aid – Free legal help and tenant support
• New Mexico Courts Self-Help Center – Forms, mediation, and court guidance
• New Mexico Mortgage Finance Authority – Housing resources
• New Mexico Courts – Find your local court and file paperwork
• Read the Mobile Home Park Act (Full Law)

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1. [1] New Mexico Mobile Home Park Act
2. [2] New Mexico Magistrate and Metropolitan Courts

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