Any tenancy or other estate at will or lease in a mobile home park may be terminated upon the landlord's written notice to the tenant requiring, in the alternative, payment of rent and utility charges or the removal of the tenant's unit from the premises, within a period of not less than three days after the date notice is served or posted, for failure to pay rent when due. Rent shall not be increased without sixty days' written notice to the tenant. History: Laws 1983, ch. 122, § 6; 1993, ch. 147, § 3. The 1993 amendment, effective July 1, 1993, substituted "sixty" for "thirty" in the second sentence. Notice of nonpayment of rent requires certified mailing when notice is posted. — Where plaintiff posted a notice of nonpayment of rent on the front door of defendant's mobile home, giving plaintiff three days to pay the overdue rent, and where, after the time for curing the overdue rent had passed, plaintiff filed a petition in the metropolitan court seeking to evict defendant, and where, before trial, defendant filed an answer and asserted as an affirmative defense that service of the three-day notice was insufficient, and where, following a bench trial, the metropolitan court issued a final judgment in favor of plaintiff, holding that the Mobile Home Park Act does not require certified mailing of a nonpayment notice because 47-10-6 NMSA 1978 contains a specific and separate provision concerning nonpayment of rent, allowing for notice by service or posting, the metropolitan court erred in applying the provisions of 47-10-6 NMSA 1978, because a notice of nonpayment under 47-10-6 NMSA 1978 functions as a notice to quit when the past-due rent is not paid and, as such, is subject to the service requirements set forth in 47-10-3(B) NMSA 1978, which requires the notice to be sent by certified mail if the landlord chooses to post the notice to quit at the main entrance of the mobile home. Four Hills Park Group, LLC v. Masabarakiza , 2024-NMCA-047.
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