Maximize Lodger Agreement Legality with eSignature in Mexico

How to eSign a document: eSignature lawfulness for Lodger Agreement in Mexico

[Music] evicting a tenant can seem like a complicated process but in this video we'll quickly explain the eviction laws in new mexico and outline some simple steps that landlords can take to initiate an eviction in this video we'll talk about what the eviction process looks like how new mexico law handles evictions and how to legally remove a non-compliant tenant from a property be sure to watch all the way to the end of this video to find a link to a fillable eviction notice that you can customize to fit your needs first what is an eviction eviction is the process of legally removing a tenant even if a tenant has not paid rent or done something else wrong it's illegal for a landlord to change locks on a property or physically remove a tenant from that property if the tenant refuses to leave after violating the terms of a lease agreement a landlord must seek an eviction from the court note that an eviction is different from the simple termination of a lease a landlord can opt not to renew a lease after the specified term has ended there is no need to involve a court in this process if attendant breaches the terms of a lease agreement in new mexico a landlord can issue an eviction notice there are several variations of this form and each applies to a different situation one is the three-day notice to quit also known as a form for 901 this can be used when a tenant fails to pay rent on time the notice informs the tenant that they have three days to pay before the landlord files an eviction lawsuit another version is the seven day notice to quit which gets used when a tenant breaches a lease contract in some way that's not related to the payment of rent this form gives the tenant seven days to either resolve the issue or face an eviction proceeding in court if however the lease violation in question has occurred previously then the landlord can decide to terminate the lease within seven days without giving the tenant the option to remedy the violation other violations are considered incurable the first time that they occur these include being caught engaging in illegal activity such as the distribution of drugs on the premises or willful or substantial damage to the property in situations like these the tenant is given three days to move out there's also a form called a 30-day notice to quit which gets used to terminate a month-to-month tenancy where there has been no violation to the lease agreement if the tenant fails to respond to a notice to quit either by resolving the matter identified or moving out then the landlord can file an eviction action in new mexico this is more commonly known as a forcible entry or unlawful detainer action the landlord can do this by going to the local magistrate court to file a form called the petition by owner for restitution which states the facts of the case and a form called a summons which assigns a hearing date it's also worth noting that in new mexico the court clerk cannot give any advice related to the filling out or filing of forms the fee to file these forms is 77 once these forms are filed copies should be served on the tenant this cannot be done by the landlord the landlord can opt to get the sheriff to deliver the forms for a service of process fee it's also permissible for the landlord to have a friend serve the papers or to hire a private process server if the sheriff does not serve the forms the landlord has to get return of service forms to confirm that the papers were served properly the forms must be served on the tenant at least seven days before the hearing the tenant has a right to file a written answer but must appear in court either way if the tenant fails to appear in court or if the court hears the facts of the case and rules in the landlord's favor then the tenant will be ordered to vacate the property if the tenant fails to do this the landlord can ask the court to issue a writ of restitution this is a form that authorizes the sheriff to remove the tenant and the tenant's belongings from the property we've got everything you need to get eviction proceedings going from eviction notices to court documents you can find it all at the link below and don't forget to hit that subscribe button for more videos [Music]