New Mexico Abandoned Tenant Property Notice

Introduction

Key Things to Know

1. 1

   New Mexico's notice of intent to dispose of personal property belongs to one exit route only: abandonment as Section 47-8-3(A) defines it, meaning absence from the dwelling without notice to the owner in excess of seven continuous days, occurring only after rent is delinquent. Section 47-8-34.1(A) then requires the owner to store everything left for not less than thirty days and to serve this written notice. There is no printed form, but the notice has two mandatory elements: the owner's intent to dispose on a stated date not less than thirty days from the date of the notice, and a telephone number and address for retrieving the property.

2. 2

   Delivery is personal delivery or first class mail, postage prepaid, to the resident's last known address. When that mailing is returned as undeliverable, or when the last known address is the vacated dwelling unit itself, Section 47-8-34.1(A)(3) adds a duty: serve at least one notice at another address the resident provided, including a place of employment, or a family member or emergency contact the owner has a record of.

3. 3

   A voluntary surrender of the premises runs on a different rule. Under Section 47-8-34.1(B) the owner stores any personal property for a minimum of fourteen days from the date of surrender and gives reasonable access for the resident to collect it. The subsection mentions no written notice. If the resident has not retrieved everything after those fourteen days, the owner may dispose of what remains.

4. 4

   Market value of one hundred dollars ($100) is the statute's dividing line. Under Section 47-8-34.1(D), property worth less than that may be disposed of in any manner. Over it, subsection (E) offers two choices: sell, or retain the goods for the owner's own use or the use of others while crediting the resident's account with their fair market value. The statute does not say whether subsection (D) shortens the storage and notice periods in (A) and (B), and it does not address property worth exactly $100.

5. 5

   Leftover money is the resident's. After a sale, proceeds above the money due and owing to the owner are mailed to the resident's last known address within fifteen days, with an itemized statement of amounts received and amounts allocated to other costs. After a retention, any fair market value above what is owed is mailed the same way within fifteen days. Where the last known address is the dwelling unit, Section 47-8-34.1(F) requires at least one copy of the accounting to another address on record.

6. 6

   Storage is chargeable but conditions apply. Section 47-8-34.1(G) lets the owner charge reasonable storage fees for the time storage was provided plus moving fees at the prevailing rate, and require payment before release. Subsection (H) forbids holding the property for any other debts, or for a judgment unless an application for writ of execution was filed first, and forbids retaining exempt property once such an application is granted. Section 47-8-36.1 adds that no landlord's lien arises from renting a dwelling unit under the Act.

7. 7

   Two other situations sit outside the 30-day notice. Where the agreement terminates by a writ of restitution, Section 47-8-34.1(C) ends any storage obligation after three days following execution of the writ, unless owner and resident agree otherwise, and the owner may then dispose of the property in any manner without further notice or liability. A deceased sole occupant's belongings follow Section 47-8-34.2, which turns on a contact person and a certified mail request with thirty days to remove the property.

New Mexico Requirements for Abandoned Tenant Property Notice

• Abandonment as Section 47-8-3(A) Defines It

  Record the facts that meet the definition: absence of the resident from the dwelling, without notice to the owner, in excess of seven continuous days, occurring only after rent was delinquent. Note the delinquency date and the last date the resident was seen. A surrender or a writ of restitution follows subsection (B) or (C) of Section 47-8-34.1 instead.

• A Disposition Date Not Less Than Thirty Days Out

  Section 47-8-34.1(A)(2) requires the written notice to state the owner's intent to dispose of the personal property on a date not less than thirty days from the date of the notice. Date the notice, count from that date, and state the disposition date as a calendar date so there is no doubt about the deadline.

• A Telephone Number and Address for Retrieval

  The notice shall also contain a telephone number and address where the resident can reasonably contact the owner to retrieve the property before the disposition date. Use a number that is answered and an address that is staffed, since the resident may make contact at any time before that date under subsection (A)(4).

• Personal Delivery or First Class Mail

  Deliver the notice personally or send it by first class mail, postage prepaid, to the resident's last known address, and keep proof of the date. If it comes back undeliverable, or the last known address is the vacated unit, serve at least one more notice at another address the resident gave, such as a place of employment, family member or emergency contact.

• Thirty Days of Storage With Reasonable Access

  Store all personal property left on the premises for not less than thirty days and give the resident reasonable access and adequate opportunities to retrieve all of it before any disposition. Reasonable storage fees and moving fees at the prevailing rate may be charged and required before release under Section 47-8-34.1(G).

• The $100 Market Value Line

  Estimate the market value of what was left and keep dated photographs. Under subsection (D) property worth less than one hundred dollars may be disposed of in any manner; over that figure, subsection (E) allows a sale or a retention with a fair market value credit. The statute does not say how subsection (D) interacts with the storage and notice periods.

• Surplus Mailed Within Fifteen Days With an Itemized Statement

  After a sale, mail proceeds in excess of money due and owing to the resident's last known address within fifteen days, with an itemized statement of amounts received and amounts allocated to other costs. After a retention, mail any fair market value above what is owed within fifteen days. Copy the accounting to another address on record where the last address is the dwelling unit.

• No Holding the Goods for Other Debts

  Section 47-8-34.1(H) bars holding the property for any other debts claimed due, or for judgments without a previously filed application for writ of execution, and bars retaining exempt property once such an application is granted. Section 47-8-36.1 provides that no landlord's lien arises from the rental of a dwelling unit under the Act.