N.M. Stat. Ann. § 35-10-5
Forcible entry or detainer; damages on appeal.
Operative Text
35-10-5. Forcible entry or detainer; damages on appeal.
A. If the plaintiff recovers judgment in an action for forcible entry or unlawful
detainer upon appeal:
(1) to the district court, the damages assessed shall be the actual value of the
rent due until entry of judgment by the magistrate court and double the value of all rent
accrued thereafter until entry of judgment in the district court; and
(2) to the supreme court or court of appeals, further damages at double the
value of all rent accrued from the entry of judgment in the district court until delivery of
possession to him.
B. The supersedeas bond required under Section 39-3-22 NMSA 1978, shall
contain a condition requiring the defendant appealing or taking a writ of error to the
supreme court or court of appeals to pay all damages prescribed in this section if the
judgment of the district court is affirmed by the supreme court or court of appeals, and
the amount of the bond shall be sufficient to cover all such damages. The bond
operates as a supersedeas to the order of removal as well as to execution for damages
and costs. Upon final disposition of the appeal from the district court in his favor, the
plaintiff may sue on the supersedeas bond to recover the damages.
History: 1953 Comp., § 36-12-4, enacted by Laws 1968, ch. 62, § 125.Under NMSA § 35-10-5, when a landlord wins a forcible entry or unlawful detainer case and the tenant appeals, the damages calculation escalates at each appellate level. Through the district court appeal, the landlord is entitled to actual rent owed up to the magistrate court's judgment, plus double the rent that accrues afterward until the district court rules. If the case goes further to the supreme court or court of appeals, double rent continues to accrue until the tenant actually surrenders possession. A supersedeas bond must be posted by the appealing tenant to secure these potential damages, and the landlord may sue on that bond if the district court judgment is ultimately affirmed.
Plain English — not legal advice.
Under NMSA § 35-10-5, a landlord who prevails in a forcible entry or unlawful detainer action and faces an appeal by the tenant is entitled to an escalating damages structure that rewards prompt resolution. Compliant operators typically document all rent amounts carefully at each stage of litigation, since the statute distinguishes between actual rent owed before the magistrate judgment and the doubled rent that accrues during the appellate period. Landlords who prevail should be aware that the supersedeas bond required of the appealing tenant is meant to cover these escalating damages, and that suing on the bond is a recognized recovery path once the district court judgment is affirmed on further appeal.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under NMSA § 35-10-5, a tenant who appeals a forcible entry or unlawful detainer judgment should understand that the statute imposes escalating financial consequences — including double the accruing rent — for each level of appeal pursued. Tenants are generally required to post a supersedeas bond as a condition of appeal, and that bond must be large enough to cover all damages prescribed by this section. Tenants facing this situation may benefit from consulting a tenant-rights organization or legal aid provider to understand the full financial implications of appealing and the conditions attached to the supersedeas bond requirement.
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.
Effective Timeline
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