D. If rent is unpaid when due and the resident fails to pay rent within three days
after written notice from the owner of nonpayment and his intention to terminate the
rental agreement, the owner may terminate the rental agreement and the resident shall
immediately deliver possession of the dwelling unit; provided that tender of the full
amount due, in the manner stated in the notice, prior to the expiration of the three-day
notice shall bar any action for nonpayment of rent.
E. In any court action for possession for nonpayment of rent or other charges where
the resident disputes the amount owed because:
(1) the resident has abated rent pursuant to Section 47-8-27.2 or 47-8-4
NMSA 1978; or
(2) the owner has allocated rent paid by the resident as payment for damages
to the premises, then, if the owner is the prevailing party, the court shall enter a writ of
restitution conditioned upon the right of the resident to remedy within three days of entry
of judgment. If the resident has satisfied the judgment within three days, the writ shall
be dismissed. If the resident has not satisfied the judgment within three days, the owner
may execute upon the writ without further order of the court.
F. Except as provided in the Uniform Owner-Resident Relations Act, the owner may
recover damages and obtain injunctive or other relief for any noncompliance by the
resident with the rental agreement or this section or Section 47-8-22 NMSA 1978.