A. No tenancy or other lease or rental occupancy of space in a mobile home park
shall commence without a written lease or rental agreement, and no tenancy in a mobile
home park shall be terminated until a notice to quit has been served upon the mobile
home resident. The notice to quit shall be in writing directed to the resident and in the
form specified in this section. The form of notice shall be deemed legally sufficient if it
states:
(1) the name of the landlord or of the mobile home park;
(2) the mailing address of the property;
(3) the location or space number upon which the mobile home is situated;
(4) the county in which the mobile home is situate; and
(5) the reason for the termination of the tenancy and the date, place and
circumstances of any acts allegedly justifying the termination.
B. The notice to quit shall be served by delivering the notice to the mobile home
tenant personally or by posting the notice at the main entrance of the mobile home. If
service is made by posting the notice, a copy of the notice shall also be sent by certified
mail to the mobile home tenant, return receipt requested. The date of a posting shall be
included on the posted notice and on the copy mailed to the mobile home tenant and
shall constitute the effective date of the notice.
C. The tenant shall be given a period of not less than thirty days from the end of the
rental period during which the termination notice was served to remove any mobile
home from the premises, but which is automatically extended to sixty days where the
tenant must remove a multisection mobile home. In those situations where a
multisection mobile home is being leased to or occupied by a person other than its
owner and in a manner contrary to the rules and regulations of the landlord, then, in that
event, the tenancy may be terminated by the landlord upon giving a thirty-day notice
instead of a sixty-day notice.
D. No lease shall contain any provision by which the tenant waives his rights under
the Mobile Home Park Act, and any such waiver shall be deemed to be contrary to
public policy and shall be unenforceable and void. Any lease, however, may provide for
the termination of the tenancy in accordance with the provisions of Subsection C of this
section.
E. No tenancy shall be terminated by a mobile home park owner solely because of
the size or age of the mobile home.
History: Laws 1983, ch. 122, § 3; 1997, ch. 186, § 1.
ANNOTATIONS
The 1997 amendment, effective June 20, 1997, in Subsection A, added "upon the
mobile home resident" in the first sentence and inserted "directed to the resident" in the
second sentence; rewrote Subsection B; and added Subsection E.
Strict compliance required. — The notice provisions of this act require strict
compliance. Green Valley Mobile Home Park v. Mulvaney, 1996-NMSC-037, 121 N.M.
817, 918 P.2d 1317.
Notice to month-to-month tenants required. — The Mobile Home Park Act requires a
landlord to include a statement of good cause on a notice to quit that is given to month-
to-month tenants. Green Valley Mobile Home Park v. Mulvaney, 1996-NMSC-037, 121
N.M. 817, 918 P.2d 1317.
Notice of nonpayment of rent requires certified mailing when notice is posted. —
Where plaintiff posted a notice of nonpayment of rent on the front door of defendant's
mobile home, giving plaintiff three days to pay the overdue rent, and where, after the
time for curing the overdue rent had passed, plaintiff filed a petition in the metropolitan
court seeking to evict defendant, and where, before trial, defendant filed an answer and
asserted as an affirmative defense that service of the three-day notice was insufficient,
and where, following a bench trial, the metropolitan court issued a final judgment in
favor of plaintiff, holding that the Mobile Home Park Act does not require certified
mailing of a nonpayment notice because 47-10-6 NMSA 1978 contains a specific and
separate provision concerning nonpayment of rent, allowing for notice by service or
posting, the metropolitan court erred in applying the provisions of 47-10-6 NMSA 1978,
because a notice of nonpayment under 47-10-6 NMSA 1978 functions as a notice to
quit when the past-due rent is not paid and, as such, is subject to the service
requirements set forth in 47-10-3(B) NMSA 1978, which requires the notice to be sent
by certified mail if the landlord chooses to post the notice to quit at the main entrance of
the mobile home. Four Hills Park Group, LLC v. Masabarakiza, 2024-NMCA-047.
Notes of Decisions
Green Valley Mobile Home Park v. Mulvaney, 918 P.2d 1317 (N.M. 1996).
· cites it 14× “Additionally, as a matter of law, I do not believe that NMSA 1978, § 47-10-3 precludes the termination of a tenancy without just cause if a valid lease provision provides for other methods of termination, such as the giving of notice after a certain interval of time.”
Ranchers & Farmers Livestock Auc. Co. v. Honey, 552 P.2d 313 (Colo. Ct. App. 1976).
“1973; N.M.Stat.Ann. § 47-10-3(e) (1962). Colorado requires, in addition, that the operator warrant title to the purchaser thereof of all cattle sold at his market.”
Four Hills Park Grp., LLC v. Masabarakiza (N.M. Ct. App. 2023).
· cites it 28× “{7} In addition to setting out the requirements for proper service, Section 47-10-3 identifies what the notice must state, including the reason for the termination of the tenancy.”
Four Hills Park Grp., LLC v. Masabarakiza (N.M. Ct. App. 2023).
· cites it 26× “11 {7} In addition to setting out the requirements for proper service, Section 47-10-3 12 identifies what the notice must state, including the reason for the termination of the 13 tenancy.”
White v. Amber Skies Cmty., LLC (N.M. Ct. App. 2026).
· cites it 4× “” Recognizing the intent of the Legislature to protect mobile 1 home park residents, our courts have strictly interpreted other sections of the MHPA.”
Wyoming Terrace LLC v. Lucero (N.M. Ct. App. 2023).
“” [MIO 2] Nevertheless, Plaintiff argues that “[t]his appeal affords this Court the opportunity to correct Masabarakiza, as it is wrongly decided pursuant to New Mexico law.”
— N.M. Stat. § 47-10-3(A) — 3 cases
Green Valley Mobile Home Park v. Mulvaney, 918 P.2d 1317 (N.M. 1996).
“Additionally, as a matter of law, I do not believe that NMSA 1978, § 47-10-3 precludes the termination of a tenancy without just cause if a valid lease provision provides for other methods of termination, such as the giving of notice after a certain interval of time.”
Four Hills Park Grp., LLC v. Masabarakiza (N.M. Ct. App. 2023).
“11 {7} In addition to setting out the requirements for proper service, Section 47-10-3 12 identifies what the notice must state, including the reason for the termination of the 13 tenancy.”
Four Hills Park Grp., LLC v. Masabarakiza (N.M. Ct. App. 2023).
“{7} In addition to setting out the requirements for proper service, Section 47-10-3 identifies what the notice must state, including the reason for the termination of the tenancy.”
— N.M. Stat. § 47-10-3(A)(5) — 4 cases
Green Valley Mobile Home Park v. Mulvaney, 918 P.2d 1317 (N.M. 1996).
“Additionally, as a matter of law, I do not believe that NMSA 1978, § 47-10-3 precludes the termination of a tenancy without just cause if a valid lease provision provides for other methods of termination, such as the giving of notice after a certain interval of time.”
White v. Amber Skies Cmty., LLC (N.M. Ct. App. 2026).
“” Recognizing the intent of the Legislature to protect mobile 1 home park residents, our courts have strictly interpreted other sections of the MHPA.”
Four Hills Park Grp., LLC v. Masabarakiza (N.M. Ct. App. 2023).
“11 {7} In addition to setting out the requirements for proper service, Section 47-10-3 12 identifies what the notice must state, including the reason for the termination of the 13 tenancy.”
Four Hills Park Grp., LLC v. Masabarakiza (N.M. Ct. App. 2023).
“{7} In addition to setting out the requirements for proper service, Section 47-10-3 identifies what the notice must state, including the reason for the termination of the tenancy.”
— N.M. Stat. § 47-10-3(B) — 3 cases
Four Hills Park Grp., LLC v. Masabarakiza (N.M. Ct. App. 2023).
“11 {7} In addition to setting out the requirements for proper service, Section 47-10-3 12 identifies what the notice must state, including the reason for the termination of the 13 tenancy.”
Four Hills Park Grp., LLC v. Masabarakiza (N.M. Ct. App. 2023).
“{7} In addition to setting out the requirements for proper service, Section 47-10-3 identifies what the notice must state, including the reason for the termination of the tenancy.”
White v. Amber Skies Cmty., LLC (N.M. Ct. App. 2026).
“” Recognizing the intent of the Legislature to protect mobile 1 home park residents, our courts have strictly interpreted other sections of the MHPA.”
— N.M. Stat. § 47-10-3(e) — 1 case
Ranchers & Farmers Livestock Auc. Co. v. Honey, 552 P.2d 313 (Colo. Ct. App. 1976).
“1973; N.M.Stat.Ann. § 47-10-3(e) (1962). Colorado requires, in addition, that the operator warrant title to the purchaser thereof of all cattle sold at his market.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.