N.M. Stat. Ann. § 47-10-3
Tenancy; requirements; notice to quit.
Operative Text
47-10-3. Tenancy; requirements; notice to quit.
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.Under NMSA § 47-10-3, every mobile home park tenancy must begin with a written lease or rental agreement, and no tenancy may be ended without a written notice to quit that meets specific content and service requirements. The notice must identify the park, the space, the county, and the specific reason for termination, and it must be delivered personally or posted at the home's entrance with a certified-mail copy sent to the resident. Tenants generally have at least 30 days from the end of the rental period to remove a single-section home, extended to 60 days for multisection homes, and no tenancy may be terminated solely because of the size or age of the mobile home.
Plain English — not legal advice.
Operators of mobile home parks subject to NMSA § 47-10-3 generally ensure that every new occupancy begins with a signed written lease and that any termination is initiated only through a written notice to quit that includes all five required elements — park name, mailing address, space number, county, and a specific statement of the reason and circumstances. Compliant operators serve the notice either by personal delivery or by posting it at the home's main entrance and simultaneously sending a certified-mail copy with return receipt requested, noting the posting date on both documents. Lease agreements that attempt to waive a resident's statutory rights under the Mobile Home Park Act are void under § 47-10-3(D), so operators typically review lease language to ensure no such provisions are included.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under NMSA § 47-10-3, mobile home park residents have the right to receive a written notice to quit before any tenancy termination can proceed, and that notice must meet specific form and service requirements — deficiencies in the notice's content or delivery method may be raised as a defense in any eviction proceeding. Residents are entitled to a minimum of 30 days (or 60 days for a multisection home) from the end of the rental period to remove their home, and a landlord cannot terminate a tenancy solely because of the size or age of the mobile home. Tenants who believe a notice does not comply with § 47-10-3, or that their lease contains an unlawful waiver of their rights, may wish to consult a tenant-rights organization or legal aid provider familiar with New Mexico mobile home park law to understand the 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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