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barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35317
Experience:  Attorney over 16 years, landlord 26 years
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My son signed a rental agreement mths starting June 1 2015.

Customer Question

My son signed a rental agreement for 9 mths starting June 1 2015. He paid rent (450.00)for 2 months and stopped paying. I am living in Phoenix and my house is in Albuquerque. I explained to him that since he isn't paying rent that I am going to sell my house. I cant afford two house payments. I cant get him to leave and not sure how to go about the process. He has two dogs and the house is a mess. I cant get it ready to sell because of that. My savings has been depleted and now I am going to be late on house payments. Im afraid I am going to lose my house. Can you give me some advice?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.


If the house is in NM and son is breaching the lease agreement by failing to pay rent, then you as the landlord would have to formally evict him if you wanted him out and he refuses to leave. You would start first by giving him a written 3 day notice to pay rent or vacate. If he didnt' pay everything due within that 3 days after delivering the notice, then you can file a formal eviction action in court.

When the Landlord files a Petition by Owner for Restitution (i.e. eviction), sometimes called a Complaint in Forcible Entry or Unlawful Detainer, the Clerk of the Court will prepare a Service Packet, which includes the trial date, time and the assigned judge. You then have the sheriff serve the petition on the occupants.

The court date will generally be set for 7 to 10 days after the date the Landlord files the Petition with the court. If the judge awards a Judgment for Restitution in favor of the Landlord, the judge will set an eviction date, usually 3 to 7 days after the court date.

If the Tenant does not move by the date set by the judge, the Landlord can ask the clerk to issue a Writ of Restitution ordering the Sheriff to remove the Tenant. After the clerk issues the Writ of Restitution, the Landlord may deliver the Writ to the Sheriff’s Department. The Sheriff will then go to the property and evict the Tenant.


Let me know if you have further questions.