N.M. Stat. Ann. § 47-8-42
Petition for restitution.
Operative Text
47-8-42. Petition for restitution.
The person seeking possession shall file a petition for restitution with the clerk of the
district or magistrate court. The petition shall contain:
A. the facts, with particularity, on which he seeks to recover;
B. a reasonably accurate description of the premises; and
C. the requisite compliance with the notice provisions of the Uniform Owner-
Resident Relations Act.
The petition may also contain other causes of action relating to the residency, but
such causes of action shall be answered and tried separately, if requested by either
party in writing.
History: 1953 Comp., § 70-7-42, enacted by Laws 1975, ch. 38, § 42.Under NMSA 47-8-42, when a landlord or other party seeks to regain possession of a rental property, they must formally initiate the process by filing a petition for restitution with the appropriate district or magistrate court. The petition must include a detailed statement of the facts supporting the claim, a reasonably accurate description of the property, and confirmation that the required notices under the Uniform Owner-Resident Relations Act were properly given. The petition may bundle other tenancy-related claims, but either party can request that those additional claims be heard separately from the core possession question.
Plain English — not legal advice.
Operators pursuing possession of a rental unit under NMSA 47-8-42 generally ensure their petition is filed with the correct court—district or magistrate—and that it includes specific factual grounds, an accurate property description, and documentation showing compliance with the Act's notice requirements. Incomplete or vague petitions risk procedural challenges, so compliant operators typically gather all relevant notice records before filing. If additional claims related to the tenancy are included in the petition, operators should be prepared for those claims to be tried separately if the resident requests it in writing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA 47-8-42 establishes procedural requirements that a landlord must satisfy before a court can consider a possession claim, which means a tenant may have grounds to challenge a petition that lacks specific facts, an adequate property description, or proof of proper notice under the Uniform Owner-Resident Relations Act. If a petition also includes other tenancy-related claims, a tenant has the right to request in writing that those claims be heard separately from the possession proceeding. Tenants facing a petition for restitution may benefit from reviewing the filing with a tenant-rights organization or legal aid provider to assess whether all requirements of Section 47-8-42 have been met.
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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