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Petition by Landlord for Termination of Tenancy and Judgment

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PETITION BY LANDLORD FOR TERMINATION OF TENANCY AND JUDGMENT OF POSSESSION

CIVIL FORM 4-923 [Adopted, effective September 2, 1997.]

4-923

[Sections 47-8-35, 47-10-4 to 47-10-6 and 47-10-9 NMSA 1978]

STATE OF NEW MEXICO

IN THE COURT

No.

COUNTY

, 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 at:

2. Defendant entered into possession of the premises under a rental agreement and has breached the terms of the agreement as follows:

A copy of the rental agreement is attached as Exhibit A.

3. The mobile home 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 $

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

USE NOTES

1. Section 47-10-4 NMSA 1978 provides that the property description is deemed legally sufficient if it states the name of the landlord or of the mobile home park, the mailing address of the property, the location or space number upon which the mobile home is situated and the county in which the mobile home is situated.

2. The reasons for termination are set forth in Sections 47-10-5 and 47-10-6 NMSA 1978. One of these reasons must be described for termination.

3. Sixty days notice is required if the mobile home is a multisection mobile home. See Subsection C of Section 47-10-4 NMSA 1978.

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What this petition is and when it’s used

The Petition by Landlord for Termination of Tenancy and Judgment is a court filing a landlord uses to ask a tribunal to end a tenant’s lease or tenancy and obtain a judgment for possession and, where applicable, unpaid rent, damages, or costs. It typically initiates an eviction or unlawful detainer action and must state the grounds, notice history, and relief requested. Electronic signature laws (ESIGN Act, 15 U.S.C. ch. 96, and UETA) apply broadly, but note courts often treat filings and certain notices differently and local court rules can require original signatures or notarized documents.

Why a clear petition matters for landlords

A properly prepared petition clarifies legal basis, shortens courtroom processing, and preserves remedies for possession and money judgments.

Why a clear petition matters for landlords

Typical parties who prepare or rely on this petition

Landlords and property managers, attorneys, and court clerks commonly prepare or review these petitions before filing.

  • Independent landlords managing single properties who need a standard, defensible filing to request possession and rent.
  • Professional property managers and management companies handling multiple units and coordinated service of notices and filings.
  • Attorneys and legal aid organizations preparing jurisdiction-specific pleadings and ensuring compliance with local filing rules and notice periods.

Accurate preparation reduces delays, avoids dismissal, and supports enforceable judgments for possession and monetary relief.

Essential parts of a professional petition

A complete petition contains factual recitals, legal claims, a statement of required notices, supporting exhibits, a demand for judgment, and a verification or signature block aligned with local rules.

Caption

Court name, case number (left blank until filed), parties’ names and mailing addresses; critical for court acceptance.

Statement of Facts

Chronological facts establishing tenancy, breaches, served notices, tenancy type, lease terms, and amounts owed with specificity.

Cause of Action

Legal grounds (nonpayment, lease violation, holdover) described with statutory or common-law citations per jurisdiction.

Service and Notice

Dates and methods of required notices (pay or quit, cure notice) including who was served and how; attach proof if available.

Relief Sought

Request for termination of tenancy, possession, monetary judgment, costs, and post-judgment remedies like writ of possession.

Signature Block

Name, title, date, contact info, and any notary acknowledgment or verification required by local court rules.

Information and fields you must include

Landlord Name: Full legal name of individual or entity.
Tenant Name: Full legal name as on lease or unit record.
Property Address: Complete street address, unit number, city, state, ZIP.
Lease Dates: Lease start and termination dates.
Notice History: Dates, types, and delivery method of required notices.
Amount Owed: Itemized rent, fees, late charges, and total demand.

Step-by-step: completing the petition

Follow these steps to assemble a legally adequate petition and supporting materials before filing with the appropriate court.

  • 01
    Collect facts: Gather lease, ledgers, notices, and service proofs.
  • 02
    Draft petition: Draft caption, facts, legal basis, and relief requested.
  • 03
    Attach exhibits: Attach lease, notice copies, payment ledger, and declarations.
  • 04
    File and serve: File with court clerk and serve tenant per local rules.

Customizing an online completion and filing workflow

Set up a digital workflow that matches your filing and service requirements while preserving an audit trail.

Field Configuration
Tenant Name Required, single-line text
Notice Upload Required, PDF or JPG
Signature Signer-block with date field
Service Method Dropdown: personal | certified mail | posting

Where the petition goes and how it moves through the system

Filing and service steps vary by jurisdiction; the sequence below describes a common court-centered path.

  • File with Court: Submit petition and filing fee to the clerk’s office in the county where the property is located.
  • Clerk Assigns Case: Court assigns a case number and schedules a hearing date if required.
  • Serve Tenant: Serve the tenant per local rules (personal service, posting, certified mail) and file proof of service.
  • Judgment and Writ: If judgment obtained, clerk issues writ or order for possession and any monetary judgment.

Digital filing and e-signature considerations

Confirm whether the target court accepts electronically submitted pleadings and whether signatures must be original or may be electronic.

  • Court Rules: Check local court e-filing rules for signature, notarization, and PDF/A requirements.
  • Authentication: Use signer authentication that matches required strength (email, SMS, KBA, or identity verification).
  • Recordkeeping: Retain audit trails, sealed copies, and service proofs to meet retention and evidentiary needs.

If a court does not accept electronic signatures for a pleading, follow the clerk’s guidance on in-person filing, notarization, or uploading scanned signed originals.

Common timing rules and filing deadlines to track

Certain timing elements are frequently time-critical: notice periods, cure deadlines, hearing windows, and appeal timelines are governed by statute and local rule.

Pay-or-Quit Notice:

Varies by state; typical range 3–14 days before filing.

Cure or Quit Notices:

Specific cure periods for lease violations; check lease and state law.

Filing After Notice:

File only after the required notice period has passed or been rejected.

Hearing Date:

Court sets hearing; timelines vary from days to weeks.

Post-Judgment Eviction:

Writ issuance and sheriff execution timelines are at court or county sheriff discretion.

Risks and legal consequences of an incorrect petition

Dismissal Risk: Incomplete or improperly served petitions can be dismissed.
Delay: Errors may require refiling, extending tenant occupancy and costs.
Monetary Exposure: Wrongful eviction claims or sanctions may produce damages or attorneys’ fees.
Fee Forfeiture: Incorrect fee or incorrect county filing can lead to rejected filings and additional costs.
Evidence Gaps: Missing proof of notice or ledger details weakens monetary claims.
Noncompliance: Failure to follow statutory notice periods may bar recovery of possession.

Comparing eSignature pricing and capabilities for eviction petitions

Platform pricing and features vary; signNow is listed first. Verify plan details and HIPAA/BAA availability directly with each vendor before selecting for sensitive workflows.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions and practical answers

Answers below address common procedural and technical issues landlords face when preparing or submitting petitions.


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