47-8-35. Claim for rent and damages.
If the rental agreement is terminated, the owner is entitled to possession and may
have a claim for rent and a separate claim for damages for breach of the rental
agreement and reasonable attorney's fees as provided in Subsection C of Section 33
[47-8-33 NMSA 1978] of the Uniform Owner-Resident Relations Act.
History: 1953 Comp., § 70-7-35, enacted by Laws 1975, ch. 38, § 35.
ANNOTATIONS
Compiler's notes. — The reference to Subsection C of 47-8-33 NMSA 1978 was a
reference to former Subsection C and should now be a reference to Subsection F
following the 1995 amendment to that section. Effective July 1, 1995, attorney's fees are
no longer authorized by that section. See 47-8-48 NMSA 1978 for payment of attorney's
fees to the prevailing party in a suit brought to enforce the terms and conditions of a
rental agreement or the provisions of the Uniform Owner-Resident Relations Act.