N.M. Stat. Ann. § 47-8-49
Unlawful and forcible entry.
Operative Text
47-8-49. Unlawful and forcible entry.
The laws and procedures of New Mexico pertaining to complaints of unlawful and
forcible entry shall apply to actions for possession of any premises not subject to the
provisions of the Uniform Owner-Resident Relations Act or the Mobile Home Park Act
[Chapter 47, Article 10 NMSA 1978].
History: 1953 Comp., § 70-7-49, enacted by Laws 1975, ch. 38, § 49; 1995, ch. 195, §
24.Section 47-8-49 of New Mexico's Uniform Owner-Resident Relations Act clarifies the scope of the state's unlawful and forcible entry laws. When a rental situation falls outside the protections of either the Uniform Owner-Resident Relations Act or the Mobile Home Park Act (Chapter 47, Article 10 NMSA 1978), the general New Mexico statutes and court procedures governing unlawful and forcible entry still apply. This provision ensures that no gap exists in legal coverage for possession disputes, regardless of whether the specific tenancy is covered by the Act.
Plain English — not legal advice.
Under NMSA 47-8-49, property owners dealing with possession disputes on premises not covered by the Uniform Owner-Resident Relations Act or the Mobile Home Park Act must still follow New Mexico's general unlawful and forcible entry laws and procedures. Compliant operators typically identify which legal framework governs their specific type of property before initiating any action for possession. Consulting with a licensed New Mexico attorney familiar with landlord-tenant law can help clarify which statutory scheme applies to a given property type.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 47-8-49 means that even if a tenancy falls outside the Uniform Owner-Resident Relations Act or the Mobile Home Park Act, New Mexico's general laws on unlawful and forcible entry still provide a legal framework that can be raised in a possession proceeding. Tenants in these situations retain the ability to contest an unlawful entry or eviction through New Mexico's standard court procedures. Tenant-rights organizations in New Mexico can help individuals understand which legal protections apply to their type of housing arrangement.
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
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation