By Type (3)
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Court Forms
Petition by Owner for Restitution (NMRA, Form 4-904) – To open an eviction case against a non-compliant tenant, the landlord will need to file this form and obtain a summons at the Magistrate Court (for a fee).
Summons – Informs tenant of the hearing date and location and is served on the tenant along with the Petition and Answer.
Answer to Petition – This form gives the tenant an opportunity to file a response and appear in court.
Writ of Restitution – If the tenant is non-compliant following a decision against them, the landlord will need to request this form to have the tenant removed by the sheriff.
How to Evict (3 steps)
1. Deliver Eviction Notice to Tenant
Before going to court to have a tenant removed, the landlord must exhaust the notice process first. Depending on the breach, the landlord must deliver one of the following notices to the tenant and then wait the requisite period of time, giving the tenant a chance to respond:
2. File Petition and Summons / Serve Tenant
If the tenant fails to rectify the problem or move out in response to the landlord’s notice in Step 1, the landlord may then go to the local magistrate court to file a Petition by Owner for Restitution and a summons with a fee of $77.[7]
The summons and petition must be properly served on the Tenant (for service information, see page 58 of the Renter’s Guide). It cannot be served by the landlord. It is probably a good idea to have the sheriff serve the papers. It must be served at least seven days before the court hearing.
3. Receive Court Judgment
If the tenant fails to show up at the hearing and/or the landlord is successful in his or her case against the tenant, the court will issue a judgment of restitution and give the tenant a date to move out which will be no more than seven days from the date of judgment. If the tenant still fails to move out. The landlord can ask the court to issue a Writ of Restitution and then the sheriff will be authorized to remove the tenant.