N.M. Stat. Ann. § 47-8-47
Appeal stays execution.
Operative Text
47-8-47. Appeal stays execution.
A. If either party feels aggrieved by the judgment, that party may appeal as in other
civil actions. An appeal by the defendant shall stay the execution of any writ of
restitution; provided that in cases in which the resident is the appellant, the execution of
the writ of restitution shall not be stayed unless the resident, within five days of the filing
of the notice of appeal, pays to the owner or into an escrow account with a professional
escrow agent an amount equal to the rental amount that shall come due from the day
following the judgment through the end of that rental period. The resident shall continue
to pay the monthly rent established by the rental agreement at the time the complaint
was filed, on a monthly basis on the date rent would otherwise become due. Payments
pursuant to this subsection by a subsidized resident shall not exceed the actual amount
of monthly rent paid by that resident. When the resident pays the owner directly, the
owner shall immediately provide a written receipt to the resident upon demand. When
the resident pays into an escrow account the resident shall cause such amounts to be
paid over to the owner immediately upon receipt unless otherwise ordered by the court.
Upon the failure of the resident or the escrow agent to make a monthly rent payment on
the first day rent would otherwise be due, the owner may serve a three-day written
notice on the resident pursuant to Subsection D of Section 47-8-33 NMSA 1978. If the
resident or the resident's escrow agent fails to pay the rent within the three days, a
hearing on the issue shall be scheduled within ten days from the date the court is
notified of the failure to pay rent. In the case of an appeal de novo, the hearing shall be
in the court in which the appeal will be heard. If, at the hearing, the court finds that rent
has not been paid, the court shall immediately lift the stay and issue the writ of
restitution unless the resident demonstrates a legal justification for failing to comply with
the rent payment requirement.
B. In order to stay the execution of a money judgment, the trial court, within its
discretion, may require an appellant to deposit with the clerk of the trial court the
amount of judgment and costs or to give a supersedeas bond in the amount of judgment
and costs with or without surety. Any bond or deposit shall not be refundable during the
pendency of any appeal.
History: 1953 Comp., § 70-7-47, enacted by Laws 1975, ch. 38, § 47; 1989, ch. 253, §
2; 1995, ch. 195, § 22; 1999, ch. 91, § 7.Section 47-8-47 of New Mexico's Uniform Owner-Resident Relations Act governs what happens when either a landlord or a resident appeals a court judgment in a housing case. When a resident appeals, the automatic pause on eviction enforcement is conditional: the resident must pay the rent that comes due from the day after judgment through the end of that rental period within five days of filing the appeal, and must continue paying monthly rent on time throughout the appeal. If a money judgment is also being appealed, the trial court has discretion under Section 47-8-47(B) to require the appellant to deposit the judgment amount or post a supersedeas bond before that judgment is stayed.
Plain English — not legal advice.
Under Section 47-8-47, a compliant property owner generally tracks whether a resident who has filed an appeal has made the required rent payment within the five-day window and continues to provide written receipts upon demand when payments are made directly. If a monthly payment is missed during the appeal period, operators typically serve a three-day written notice consistent with Section 47-8-33(D) and, if payment still is not made, notify the court so a hearing can be scheduled within ten days. Owners dealing with subsidized residents should note that Section 47-8-47 caps required payments at the actual monthly amount that resident pays, not the full contract rent.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 47-8-47 gives residents the right to appeal an adverse judgment and potentially pause eviction enforcement, but that stay is not automatic — a resident must pay the prorated rent owed from the day after judgment through the end of the rental period within five days of filing the notice of appeal. Continuing to pay monthly rent on time throughout the appeal is required to keep the stay in place; a missed payment can trigger a court hearing and, if unexcused, result in the stay being lifted and the writ of restitution issuing immediately. Residents who believe they have a legal justification for a payment shortfall may raise that at the hearing provided under Section 47-8-47, and tenant-rights organizations in New Mexico can help explain what qualifies as a recognized legal justification.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation