How Do I Get Rid of Roommate’s Abandoned Property in New Mexico?
Full Question:
Answer:
NM statutes require 30 days' written notice and if not claimed by the dat ein the notice, the property may be sold according to the statutes below. Please see the following NM statutes:
47-8-34.1. Disposition of property left on the premises.
A. Where the rental agreement terminates by abandonment pursuant to
Section 47-8-34 NMSA 1978:
(1) the owner shall store all personal property of the resident left
on the premises for not less than thirty days;
(2) the owner shall serve the resident with written notice stating
the owner's intent to dispose of the personal property on a date not less
than thirty days from the date of the notice. The notice shall also
contain a telephone number and address where the resident can reasonably
contact the owner to retrieve the property prior to the disposition date
in the notice;
(3) the notice of intent to dispose of personal property shall be
personally delivered to the resident or be sent by first class mail,
postage prepaid, to the resident at his last known address. If the notice
is returned as undeliverable, or where the resident's last known address
is the vacated dwelling unit, the owner shall also serve at least one
notice to such other address as has been provided to the owner by the
resident, including the address of the resident's place of employment, or
of a family member or emergency contact for which the owner has a
record;
(4) the resident may contact the owner to retrieve the property at
any time prior to the date specified in the notice for disposition of the
property;
(5) the owner shall provide reasonable access and adequate
opportunities for the resident to retrieve all of the property stored
prior to any disposition; and
(6) if the resident does not claim or make attempt to retrieve the
stored personal property prior to the date specified in the notice of
disposition of the property, the owner may dispose of the stored personal
property.
B. Where the rental agreement terminates by the resident's voluntary
surrender of the premises, the owner shall store any personal property on
the premises for a minimum of fourteen days from the date of surrender of
the premises. The owner shall provide reasonable access to the resident
for the purpose of the resident obtaining possession of the personal
property stored. If after fourteen days from surrender of the premises,
the resident has not retrieved all the stored personal property, the
owner may dispose of the stored personal property.
C. Where the rental agreement terminates by a writ of restitution, the
owner shall have no obligation to store any personal property left on the
premises after three days following execution of writ of restitution,
unless otherwise agreed by the owner and resident. The owner may
thereafter dispose of the personal property in any manner without further
notice or liability.
D. Where the property has a market value of less than one hundred
dollars ($100), the owner has the right to dispose of the property in any
manner.
E. Where the property has a market value of more than one hundred
dollars ($100), the owner may:
(1) sell the personal property under any provisions herein, and the
proceeds of the sale, if in excess of money due and owing to the owner,
shall be mailed to the resident at his last known address along with an
itemized statement of the amounts received and amounts allocated to other
costs, within fifteen days of the sale; or
(2) retain the property for his own use or the use of others, in
which case the owner shall credit the account of the resident for the
fair market value of the property against any money due and owing to the
owner, and any value in excess of money due and owing shall be mailed to
the resident at his last known address along with an itemized statement
of the value allocated to the property and the amount allocated to costs
within fifteen days of the retention of the property.
F. If the last known address is the dwelling unit, the owner shall also
mail at least one copy of the accounting and notice of the sums for
distribution, to the other address, if provided to the owner by the
resident, such as, place of employment, family members, or emergency
contact on record with the owner.
G. An owner may charge the resident reasonable storage fees for any
time that the owner provided storage for the resident's personal property
and the prevailing rate of moving fees. The owner may require payment of
storage and moving costs prior to the release of the property.
H. The owner may not hold the property for any other debts claimed due
or owning or for judgments for which an application for writ of execution
has not previously been filed. The owner may not retain exempt property
where an application for a writ of execution has been granted.
48-3-5. Landlords' liens.
A. Landlords have a lien on the property of their tenants
that remains in or about the premises rented, for the rent
due by the terms of any lease or other agreement in
writing, and the property shall not be removed from the
premises without the consent of the landlord until the rent
is paid or secured. A lien does not attach if the premises
rented is a dwelling unit.
B. For purposes of this section, "dwelling unit" means a
structure, mobile home and a leased parcel of land upon
which it is located, or a part of a structure that is used
as a home, residence or sleeping place by one person who
maintains a household or by two or more persons who
maintain a common household.
