Legal Question in Real Estate Law in New Mexico

Have a small house in T or C, Sierra County that was sold on Contract for deed in 1996 - the contract was never signed (I don't have a signed copy) and not recorded, although we have honored the agreement since 1996. They are not paying regularly and are now 2 months past due. I also received a notice of violation due to tall weeds in yard which I notified them a month ago and they still have not cut them. They are still in the house. I have just sent them a certified notice to pay in full within 10 days. Since there is no signed agreement how can I get them out of the house? I live in Texas and the house is in my mother's estate (probated).


Asked on 8/26/09, 12:34 am

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

If in fact there was never a Real Estate Contract [Contract for Deed[, then you have had a month-to-month tenancy for 10 years. Under NM law you must give them 30 days notice of termination of tenancy, and if they do not move after 30 days serve them with a 3 day eviction notice, and then file an action in court for an Order of eviction if they still do not move voluntarily.

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Answered on 8/31/09, 11:51 am


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