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.
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.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 49 Am. Jur. 2d Landlord and Tenant § 786 et seq.
What constitutes willfulness or malice justifying landlord's collection of statutory multiple damages for tenant's wrongful retention of possession, 7 A.L.R.4th 589.
What constitutes tenant's holding over of leased premises, 13 A.L.R.5th 169.
52 C.J.S. Landlord and Tenant § 568.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.