Legal Question in Landlord & Tenant Law in New Mexico

I live in a mobile home park, we all own our mobile homes, there are more than 20 spaces but only 10 mobile homes. 6 of us own dogs, Most all of us including my self keep the dog inside the home at night. The Owner of the Park has land adjacent to us where he has given his two kids land and they own their own mobile homes, they both have dogs. They leave theirs out all night. We border the town and there are dogs running around all night. Someone in town complained that we have barking dogs all night and the landowner now is forcing us to get rid of our dogs. Can he do that. We have signed rental agreements that state we can have dogs. He also imposes fines on us from time to time unexpectley and we have 30 days to pay up or get out. Can he do these things and what can we do to protect ourselves? He has also informed us we can only have two vehicles, I understand why to keep broke down vehicles out but there are three of us here! Can he really do that?


Asked on 10/14/10, 7:14 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

The rental agreement governs your residence at the park. If it is in there, then that's it. No one can change it, including the landlord. If it is not in there, then it is not covered and must be dealt with in some other fashion. If he is imposing fines and other obligations which are not authorized by the rental agreement, then he cannot legally change the terms or impose different terms without the tennants' agreement. If you continue to have trouble with him, consider suing him in small claims court (Metropolitan Court in Albuquerque, Magistrate court elsewhere). Lawyers are not required, and the court will provide forms, but not legal advice.

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Answered on 11/04/10, 12:22 pm


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