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.
ANNOTATIONS
Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6
N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Setoff or counterclaim in action by
tenant against landlord for restitution under Federal Housing and Rent Act of 1947 and
amendments, 10 A.L.R.2d 249.
52A C.J.S. Landlord and Tenant § 762.
Notes of Decisions
Cited in
9
cases (
4 in the last 5 years), 1992–2023 · leading case:
White v. Farris, 2021 NMCA 014 (N.M. Ct. App. 2021).
White v. Farris, 2021 NMCA 014 (N.M. Ct. App. 2021).
· cites it 2× “See generally § 47-8-42 (providing that a petition for restitution “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”).”
Roser v. Hufstedler, 531 P.3d 615 (N.M. Ct. App. 2023).
· cites it 2× “Pursuant to NMSA 1978, Section 47-8-42 (1975) of UORRA, Owners brought a petition for restitution of possession of the premises against Resident based on unpaid rent and property damage, which Resident answered.”
City of Albuquerque v. Brooks, 844 P.2d 822 (N.M. 1992).
· cites it 2× “” To the contrary, we do not deem it absurd that the restitution provisions of Sections 47-8-33(B) and -35 should be deemed subject to equitable considerations. Section 47-8-40(A)(2) does provide that the owner may bring an action for possession when the resident is in default…”
Casa Blanca Mobile Home Park v. Hill, 1998 NMCA 094 (N.M. Ct. App. 1998).
· cites it 2× “Each owner issued its Resident a thirty-day notice of termination in accordance with Section 47-8-37 of the UORRA and then filed a petition for restitution with the Bernalillo County Metropolitan Court in accordance with Section 47-8-42. Each Resident answered the petition by…”
Roser v. Hufstedler (N.M. Ct. App. 2023).
· cites it 2× “Pursuant to NMSA 1978, Section 47-8-42 (1975) of 13 UORRA, Owners brought a petition for restitution of possession of the premises 14 against Resident based on unpaid rent and property damage, which Resident 15 answered.”
S Knight v. Dardanelles Found. (N.M. Ct. App. 2009).
· cites it 2× “Instead, when the difficulties between the parties were not resolved, Landlord 18 filed a petition for restitution in magistrate court under NMSA 1978, Section 47-8-42 19 (1975). [RP 031] The magistrate court acted on that petition and issued a writ of 5 1 restitution pursuant…”
Coughlin v. CAI, LLC (N.M. Ct. App. 2014).
· cites it 2× “17 NMSA 1978, Section 47-8-42 (1975) provides that a person seeking possession shall 18 file a petition for restitution and that “[t]he petition may also contain other causes of 19 action relating to the residency, but such causes of action shall be answered and tried 5 1…”
Blochhouse, LLC v. Trujillo (N.M. Ct. App. 2023).
“According to Tenant, “[t]he district court erred by determining that the Rules of Civil Procedure for the District Courts were required to yield to the expedited trial provisions” of UORRA because the present case involved “the existence of an option agreement, other complex…”
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treatment. Dots show Syfertize treatment of the citing case itself.