47-8-40. Action for possession by owner.
A. Notwithstanding Subsections A and B of Section 47-8-39 NMSA 1978, an owner
may bring an action for possession if:
(1) the violation of the applicable minimum building or housing code was
caused primarily by lack of reasonable care by the resident or other person in his
household or upon the premises with the resident's consent;
(2) the resident is in default in rent;
(3) there is a material noncompliance with the rental agreement that would
otherwise give rise to the owner's right to terminate the rental agreement;
(4) a resident knowingly commits or consents to any other person in the
dwelling unit or on the premises knowingly committing a substantial violation; or
(5) compliance with the applicable building or housing code requires
alteration, remodeling or demolition that would effectively deprive the resident of use of
the dwelling unit.
B. The maintenance of an action under Subsection A of this section does not
release the owner from liability under Section 47-8-20 NMSA 1978.
History: 1953 Comp., § 70-7-40, enacted by Laws 1975, ch. 38, § 40; 1995, ch. 195, §
19.
ANNOTATIONS
Compiler's notes. — The reference to Subsections A and B of Section 38 of the
Uniform Owner-Resident Relations Act in Subsection A of this section probably should
be to Subsections A and B of Section 39 of the Uniform Owner-Resident Relations Act.
Cross references. — For unlawful and forcible entry provision, see 47-8-49 NMSA
1978.
For inapplicability of general forcible entry or detainer provisions to actions by landlord,
see 35-10-2 NMSA 1978.