N.M. Stat. Ann. § 35-10-2
Limitation of remedy.
Operative Text
35-10-2. Limitation of remedy.
The provisions of Sections 35-10-1 through 35-10-6 NMSA 1978 shall not apply to
actions by a landlord arising out of a residential tenancy governed by the Uniform
Owner-Resident Relations Act [47-8-1 to 47-8-52 NMSA 1978].
History: 1953 Comp., § 36-12-1.1, enacted by Laws 1975, ch. 38, § 53.Section 35-10-2 NMSA carves out an important boundary for New Mexico's magistrate court forcible entry and unlawful detainer procedures: those procedures do not apply when the landlord-tenant relationship is a residential tenancy covered by the Uniform Owner-Resident Relations Act (UORRA), found at Sections 47-8-1 through 47-8-52 NMSA 1978. In other words, the summary eviction rules in Sections 35-10-1 through 35-10-6 are reserved for situations outside the scope of the UORRA. Residential tenants and their landlords are instead directed to the separate, more comprehensive framework that the UORRA establishes.
Plain English — not legal advice.
Property owners and managers handling residential tenancies in New Mexico should be aware that § 35-10-2 NMSA directs residential landlord-tenant disputes into the Uniform Owner-Resident Relations Act framework rather than the magistrate court forcible entry and unlawful detainer statutes found in Sections 35-10-1 through 35-10-6. Compliant operators generally identify which legal framework governs a given tenancy before initiating any court action, ensuring they file under the correct statutory authority. Using the wrong procedural vehicle can affect how a case proceeds, making familiarity with both the UORRA and § 35-10-2 an important part of property management practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 35-10-2 NMSA, residential tenants whose tenancies are governed by the Uniform Owner-Resident Relations Act (Sections 47-8-1 through 47-8-52) have the protection of knowing that the magistrate court forcible entry and unlawful detainer procedures in Sections 35-10-1 through 35-10-6 do not apply to their situation. If a landlord attempts to use those magistrate court procedures against a residential tenant covered by the UORRA, the tenant may have grounds to raise the limitation stated in § 35-10-2 as a defense in court. Tenants who believe the wrong legal process is being used against them may benefit from consulting a tenant-rights organization or legal aid provider familiar with New Mexico housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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