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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 117369
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Can we evict with less than 30 days for move-out if a tenant

Customer Question

Can we evict with less than 30 days for move-out if a tenant got arrested on premises for assault with a deadly weapon (gun) using profanity and saying he "just should have killed the m*f*" (of course he said the actual words, and in front of the booking officer!).
We live in a remote town of 6500 people so there are no attorneys here specializing in landlord issues.
He received his 1st 7-day notice for violation of "Abusive and threatening language by phone (text), 2nd violation of N.M. Stat. Ann. § 30-20-12. Use of telephone to terrify, intimidate, threaten, harass, annoy or offend." Right before getting arrested, he texted with threatening language (so within 6 months of first Notice) but that will require giving him 30 days to move out and we would like to give him as short notice as possible! In this 2nd Notice we were also going to cite Violation of Federal United States Housing Act of 1937, as amended under the "Anti-drug Abuse Act of 1988", under the Housing Opportunity Program Extension Act of 1996. To wit,
Housing Opportunity Program Extension Act of
“Any criminal activity that threatens the health,
safety or right to peaceful enjoyment of the
premises by other tenants...engaged in by a public housing tenant...shall
be cause for termination of the tenancy.”
42 U.S.C. 1437d(l)(6).
Submitted: 11 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Has he paid rent? If not you need to go with the 30 day, BUT you would be able to apply at court for a restraining order to prevent him from coming onto the property based on the threats. The person he threatened needs to go to court to get the restraining order and then the person would be kept from coming near the property and you can proceed with the 30 day eviction safely.
Customer: replied 11 months ago.

He paid his $26 share of HUD and the balance was deposited directly into our checking account so he is paid through Sept. 30. We are ready to refund any of that $550 total rent if we can give him a 3-day notice to move out (or 7-day) due to severe violation of law. I read that in SOME cases 30 days does not have to be given even if rent is paid. Is that true or do we have to give him the 30 days to move out that is listed on the 7-Day Notice 2nd violation section? "If the tenant does materially breach his or her obligations again within six months of the initial seven-day notice, the landlord must give the tenant another written notice, detailing the dates and acts constituting noncompliance and stating that the landlord is terminating the rental agreement. The landlord must give the tenant at least seven days before terminating the lease. §47-8-33(B).

According to Section 47-8-3(T), only the following are considered substantial violations of the rental agreement or rules and regulations when done knowingly by the resident or with the resident’s consent, and when done on the premises or within three hundred feet of the premises:

  • Unlawful use of a deadly weapon;"

This is from

but it doesn't say whether we can give him LESS than 30 days to move out. I just need to know if we HAVE to give him 30 days to move out under these conditions. He has a kitchen sink leak and we are afraid to even go in there! We are having a police officer meet us to post notice on door when he is not there and then mail a copy to him, too.

Customer: replied 11 months ago.

This site says we can give him 7 days to "quit"/move-out on the 2nd violation of a 7-Day Notice: I do realize this is not the best way to find info but we have no local lawyer with expertise in this area. Here is what it says: "You can serve your tenant a 7 Day Notice to Vacate if you have previously served them at least one other notice of non-compliance within the past six months. You must serve it no less than seven days before you file for eviction in New Mexico. If the tenants have not complied or vacated within 7 days of receipt of this notice, you may begin eviction proceedings." Thanks for any help/clarification you can give!

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.

If he is threatening harm to the tenants, then you need to get a restraining order, but if this is not his second violation you have noticed him on, you have to use the 30 day procedure.

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