N.M. Stat. Ann. § 47-10-10
Entry fees prohibited; entry fee defined; security deposit; court costs.
Operative Text
47-10-10. Entry fees prohibited; entry fee defined; security deposit; court costs.
A. The owner of a mobile home park or the agent of such owner shall neither pay to
nor receive from an owner or a seller of a mobile home an entry fee of any type as a
condition of tenancy in a mobile home park.
B. As used in this section, "entry fee" means any fee paid to or received by an
owner of a mobile home park or his agent, except for:
(1) rent;
(2) a security deposit against actual damages to the premises or to secure
rental payments, which deposit shall not be greater than the amount allowed under
Section 9 [8] [47-10-8 NMSA 1978] of the Mobile Home Park Act. Security deposits
shall remain the property of the tenant, and they shall be deposited into a separate trust
account by the landlord to be administered by the landlord as a private trustee. For the
purpose of preserving the corpus, the landlord shall not commingle the trust funds with
other money, but he is permitted to keep the interest and profits thereon as his
compensation for administering the trust;
(3) a fee charged by any state, municipal or county governmental agency;
(4) utilities; or
(5) incidental charges for services actually performed by the mobile home
park owner or his agent or agreed to in writing by the tenant.
C. The trial judge may award court costs and reasonable attorney fees in any court
action brought pursuant to the Mobile Home Park Act to the prevailing party upon a
finding that the prevailing party undertook the court action and legal representation for a
legally sufficient reason and not for a dilatory or unfounded cause.
D. The management or the resident may bring a civil action for violation of the rental
agreement or any violation of the Mobile Home Park Act in the appropriate court of the
county in which the mobile home park is located. Either party may recover actual
damages, or, the court may in its discretion award such equitable relief as it deems
necessary, including the enjoining of either party from further violations.
History: Laws 1983, ch. 122, § 10.Section 47-10-10 of New Mexico's Mobile Home Park Act prohibits mobile home park owners and their agents from charging or receiving any "entry fee" as a condition of allowing a tenant to occupy a space in the park. The law defines entry fees broadly but carves out specific exceptions, including rent, security deposits (capped under § 47-10-8), government fees, utilities, and written charges for services actually performed. Security deposits must be held in a separate trust account and remain the tenant's property, though the landlord may retain any interest earned as compensation for administering the trust. Either party to a dispute may pursue civil action for actual damages or equitable relief, and a court may award attorney fees and costs to the prevailing party when the action was brought for a legally sufficient reason.
Plain English — not legal advice.
Under NMSA § 47-10-10, compliant mobile home park operators collect only those charges that fall within the statute's defined exceptions — rent, properly capped security deposits, government fees, utilities, and written service charges — and do not impose any additional fee as a condition of tenancy. Security deposits must be held in a dedicated trust account, kept separate from the operator's other funds, and treated as the tenant's property throughout the tenancy. Operators who maintain clear written agreements for any incidental service charges and follow the trust-account requirements are generally operating in alignment with this provision's requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA § 47-10-10 gives mobile home park residents the right to be free from entry fees charged as a condition of tenancy, and it ensures that any security deposit paid remains the tenant's property and must be held in a separate trust account by the landlord. If a park owner or agent charges a fee that does not fall within the statute's listed exceptions, a resident may bring a civil action in the county court where the park is located to seek actual damages or equitable relief, including an injunction against further violations. Tenants who believe this provision has been violated may also consult a tenant-rights organization or legal aid office familiar with New Mexico's Mobile Home Park Act to understand the range of options available to them.
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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Rules and statutes that cite this regulation