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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33762
Experience:  Attorney for over 15 years, landlord 26 years
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I own some trailer houses in New Mexico and there are people

Customer Question

I own some trailer houses in New Mexico and there are people that have moved in without my permission and have not paid anything and do not have a contract with me or anything how do I get rid of them
JA: Have you talked to a lawyer yet?
Customer: No I have not
JA: Anything else you think the lawyer should know?
Customer: Not that I can think of I just know these people moved into the trailer house without my knowledge never spoken to them before and I would like to know how to get rid of them
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Landlord-Tenant Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me how long they have been living there?

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How did they enter the trailer house if they didn't have keys?

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Do you you know who these people are?

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I need a little more of the back story to figure out what your options are here...

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thanks

Barrister

Customer: replied 5 months ago.
I think they have been living there for three or four weeks. I do not know them. They broke into the trailer. I have a trailer park and live out of town and when I went to check on these trailers some were broken into and people are living there. I do not know them and have not talked to them.
Expert:  barristerinky replied 5 months ago.

Ok, the first thing you should try is to call the police and have them arrested as trespassers since they broke in and won't have keys for the property.

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If the police won't help and state that they are tenants and you have to evict them, then you will have to go the long route terminate their occupancy and then evict them through the courts...

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You can proceed with a formal eviction of the parties on the property by having them served by the sheriff with a 30 day written notice to terminate their tenancy. Then if they don't vacate within that 30 days, you can pursue a formal eviction through the courts.
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When the Landlord files a Petition by Owner for Restitution, 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.
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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.

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thanks

Barrister

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