47-8-42. Petition for restitution.
The person seeking possession shall file a petition for restitution with the clerk of the
district or magistrate court. The petition shall contain:
A. the facts, with particularity, on which he seeks to recover;
B. a reasonably accurate description of the premises; and
C. the requisite compliance with the notice provisions of the Uniform Owner-
Resident Relations Act.
The petition may also contain other causes of action relating to the residency, but
such causes of action shall be answered and tried separately, if requested by either
party in writing.
History: 1953 Comp., § 70-7-42, enacted by Laws 1975, ch. 38, § 42.
ANNOTATIONS
Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6
N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Setoff or counterclaim in action by
tenant against landlord for restitution under Federal Housing and Rent Act of 1947 and
amendments, 10 A.L.R.2d 249.
52A C.J.S. Landlord and Tenant § 762.