What rights do landlords/tenants have on a month to month lease with no lease agreement in New Mexico?

We have a roommate with no lease. He was living here on the condition he cleaned up after himself and had a clean background. He trashed out the kitchen causing an ant infestation and we found out he had several things on his background after telling us several times he could pass a background check. He signed a paper stating that if he failed a background check or did not consent that he didn’t meet the conditions of continuing his tenancy and would have to move out by June 6. He then never gave us the $30 or his soc. sec. #/DL to run the background check, so we ran a public one and told h

Asked on June 3, 2009 under Real Estate Law, New Mexico


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You and absolute right to make this guy leave.  The first thing you need to do it to go to the court house where the property is and fill out an eviction notice that you will serve on the guy.  You need to have a marshal serve the eviction notice, not you personally.  it is important that you carry out this procedure so you can take it to the next step if the guy fails to leave - meaning filing a summary process complaint in court that will have a judge tell the guy to leave and have marshals taking him out of the property.  i suggest hiring a lawyer, but you can probably do this alone.

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