N.M. Stat. Ann. § 47-8-41
Action for possession by owner or resident.
Operative Text
47-8-41. Action for possession by owner or resident. An action for possession of any premises subject to the provisions of the Uniform Owner-Resident Relations Act shall be commenced in the manner prescribed by the Uniform Owner-Resident Relations Act. History: 1953 Comp., § 70-7-41, enacted by Laws 1975, ch. 38, § 41.
Section 47-8-41 of New Mexico's Uniform Owner-Resident Relations Act establishes that any legal action to recover possession of a rental property must be initiated according to the procedures set out within that same Act. The provision functions as an internal procedural anchor, ensuring that possession disputes are governed by a single, unified framework rather than by general civil procedure alone. It applies to both owners seeking to reclaim their property and residents asserting their right to remain.
Plain English — not legal advice.
Under NMSA 47-8-41, a property owner or manager who seeks to recover possession of a rental unit must follow the procedural steps laid out in the Uniform Owner-Resident Relations Act rather than relying on alternative legal routes. Compliant operators typically ensure that any eviction or possession action is filed and prosecuted in strict accordance with the Act's requirements, from proper notice through court filing. Familiarity with the Act's full procedural framework is generally part of how responsible operators manage possession disputes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 47-8-41 means that an owner must use the process defined by the Uniform Owner-Resident Relations Act when pursuing a possession action — they cannot bypass the Act's requirements. If a tenant believes a possession action was not commenced in the manner the Act prescribes, that procedural deficiency may be relevant to the case. Tenants facing a possession action may benefit from reviewing the Act's procedures, contacting a local tenant-rights organization, or consulting with a legal aid provider familiar with New Mexico housing law.
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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