Landlord Atlas

New Mexico Mobile Home Park Laws

Verified August 18, 2026 All New Mexico topics →

New Mexico's Mobile Home Park Act, NMSA 1978 §§ 47-10-1 to 47-10-23, governs the tenancy of a resident who owns the home and rents the lot beneath it in a park of twelve or more occupied mobile homes: a written lease is required before a tenancy can begin, a lot-rent increase takes sixty days' written notice, and a tenancy may be ended only for the reasons the act lists, each through a notice to quit in the statutory form.

Cited to NMSA 1978, §§ 47-10-1 to 47-10-23 (Mobile Home Park Act) and 6 more sources · Verified August 18, 2026

There is no ceiling on how much lot rent may rise, and local governments may not set one, because state law bars any political subdivision or home rule municipality from controlling rental rates for privately owned property. Closing a park takes six months' written notice of intent to evict where the zoning law lets the owner change the use of the land without the zoning authority's consent, and there is no relocation payment, no notice to residents when the park itself is sold and no resident purchase right. Residents may sell their homes in place and may not be charged a selling or transfer fee, but a buyer who wants to stay must be qualified by the park and sign a new lease. No state agency administers the act; enforcement runs through the courts, with a civil penalty of up to $500 for each violation of the rent-disclosure and utility sections and alternative dispute resolution available to either party before a case is filed.

Governing actMobile Home Park Act — NMSA 1978, §§ 47-10-1 to 47-10-23
General law that also appliesUniform Owner-Resident Relations Act, NMSA 1978, §§ 47-8-1 to 47-8-52
Federal lender protections already required by state law2 of 8 (see the table)

Each row below is a state rule (with its citation) or an honest "no state rule" with what governs instead — lease terms and the general landlord-tenant law still apply where the park act is silent. This page covers a resident who owns the home and rents the lot; a home rented from the park is an ordinary New Mexico tenancy.

On this page: Scope · Lot rent, fees and utilities · Lease, rules and disclosure · Termination and eviction · Closure and change of use · Sale of the park · The resident's home · Federal lender protections · Common questions · Citations

A. Scope — who and what the act covers

Rule New Mexico law Source
State agency with a role in park tenancies No state rule No state agency administers the Mobile Home Park Act. The act is enforced through the courts: either the management or the resident may bring a civil action for a violation of the rental agreement or of the act in the county where the park sits, and may recover actual damages or equitable relief including an injunction. A court may award court costs and reasonable attorney fees to the prevailing party. A landlord may be charged a civil penalty of up to $500 for each violation of the rent-disclosure and utility sections, and either party may ask for alternative dispute resolution before a case is filed. The Manufactured Housing Division of the Regulation and Licensing Department licenses dealers, installers and manufacturers and enforces construction and installation standards under a separate act; it has no role in lot tenancies. NMSA 1978, § 47-10-10 (C), (D); NMSA 1978, § 47-10-23 (A); NMSA 1978, § 47-10-17 (A)
Resident may sue under the act Yes A resident may sue under the act. Either the management or the resident may bring a civil action for a violation of the rental agreement or any violation of the act in the appropriate court of the county where the park is located, and either party may recover actual damages or such equitable relief as the court thinks necessary, including an order stopping further violations. The court may award court costs and reasonable attorney fees to the prevailing party where it finds the case and the legal representation were undertaken for a legally sufficient reason. A resident may also recover damages and attorney fees where the owner deliberately uses a rental agreement containing provisions it knows the law forbids. NMSA 1978, § 47-10-10 (C), (D); NMSA 1978, § 47-10-14 (D)
Minimum park size for the act to apply (lots) 12 lots The act reaches a park only once it holds twelve or more occupied mobile homes. A mobile home park is a parcel of land used for the continuous accommodation of twelve or more occupied mobile homes and operated for the pecuniary benefit of the owner of the land, its agents, lessees or assignees. Mobile home subdivisions and property zoned for manufactured home subdivisions are outside the definition. A resident renting a lot in a smaller community falls under the general owner-resident act instead, which counts a parcel of land leased as a site for parking a mobile home as a dwelling unit. NMSA 1978, § 47-10-2 (C); NMSA 1978, § 47-8-3 (G)
Other size thresholds that switch rules on No state rule No further size threshold switches any rule on or off. The twelve-home definition is the act's only count, and every rule in the act applies to every park that meets it. The one proportional figure anywhere in the act is a share of residents rather than a count of lots, and it concerns nothing but the designation of a park as housing for older persons, which takes six months' notice to the residents. NMSA 1978, § 47-10-2 (C); NMSA 1978, § 47-10-11 (E)
Park-owned rental homes Ordinary landlord-tenant law applies Renting the home itself, rather than the lot beneath it, is governed by the general owner-resident act. The Mobile Home Park Act defines a resident as a person or family owning a mobile home that is subject to a tenancy in a park, so someone who rents a home from the park is not a resident under the act. The general act treats a mobile home as a dwelling unit and applies in the ordinary way. NMSA 1978, § 47-10-2 (H), (I); NMSA 1978, § 47-8-3 (G), (R)
RVs and park-model homes Excluded Recreational vehicles and recreational travel trailers are excluded by name. The act's definition of a mobile home is a single-family dwelling built on a permanent chassis, designed for long-term residential occupancy, containing complete electrical, plumbing and sanitary facilities and capable of being drawn over public highways, and it states that a mobile home does not include a recreational travel trailer or a recreational vehicle as those terms are defined in the Motor Vehicle Code. The act does not use the term park model, so whether a particular park-model home is covered turns on whether it fits the mobile-home definition or the motor-vehicle definitions. NMSA 1978, § 47-10-2 (B)
Local rent regulation of park lots Preempted — local governments may not regulate lot rents New Mexico law bars local rent regulation, and that bar reaches park lot rents. No political subdivision and no home rule municipality may enact an ordinance or resolution that controls, or would have the effect of controlling, rental rates for privately owned real property. Two limits sit alongside it: the bar does not impair the right of a state agency, county or municipality to manage or control its own property, and it does not apply to privately owned property for which a government or a governmental instrumentality has provided benefits or funding under contract for the express purpose of providing reduced rents to low- or moderate-income tenants. NMSA 1978, § 47-8A-1 (A)-(C)

B. Lot rent, fees and utilities

Rule New Mexico law Source
Notice before a lot-rent increase 60 days A lot-rent increase takes sixty days' written notice. The landlord must fully and accurately disclose the increase in writing to the resident at least sixty days before it takes effect, and a separate sentence in the nonpayment section states plainly that rent shall not be increased without sixty days' written notice. The same sixty days applies to any increase in the administrative fee a landlord charges for providing utility services. The general owner-resident act's shorter thirty-day rule does not apply to park lots, because the act sets its own period. NMSA 1978, § 47-10-19 (A); NMSA 1978, § 47-10-6 second sentence; NMSA 1978, § 47-10-21 (C)
How often rent may be raised No state rule New Mexico does not limit how often lot rent may be raised. The rent-increase section sets a notice period and a disclosure duty and stops there; nothing in the act limits an increase to once a year or to any other interval. What governs instead is the sixty-day notice, the rental agreement's own terms, and the rule that an increase may not be used to retaliate against a resident. A 2025 bill would have allowed only one increase in any twelve-month period, but it did not pass. NMSA 1978, § 47-10-19; NMSA 1978, § 47-10-6 second sentence; NMSA 1978, § 47-8-39 (A), (C)
Statewide limit on lot-rent increases No state rule New Mexico sets no ceiling on how much lot rent may rise. The act's rent-increase section requires the landlord to disclose an increase in writing sixty days ahead and, on written request, to hand over a dated schedule of the range of rental rates in the park; it fixes no percentage and no formula. Local governments cannot fill the gap, because state law bars them from controlling rental rates for privately owned property. A 2025 bill would have capped increases at three percent to the end of June 2026 and five percent a year after that, but it did not pass, and the section as published carries no cap. NMSA 1978, § 47-10-19 (A), (B); NMSA 1978, § 47-8A-1 (A)
How a resident can challenge an increase Either side may ask for alternative dispute resolution before going to court, and a resident may demand the park's current schedule of rental rates in writing; nothing in the act lets a resident contest the amount of an increase. The routes New Mexico gives a resident go to the landlord's compliance with the notice and disclosure duties, not to the size of the increase. On a written request from a resident or prospective resident the landlord must fully and accurately disclose a current schedule of the range of rental rates in the park, with the date of preparation on the face of it. A landlord that breaks the rent-disclosure rule may be charged a civil penalty of up to $500 for each violation, and those remedies do not displace anything else available to the resident. Either party may also submit the dispute to alternative dispute resolution before filing a case, with the cost split equally, though either party may end that process at any time. NMSA 1978, § 47-10-19 (B); NMSA 1978, § 47-10-23 (A), (B); NMSA 1978, § 47-10-17 (A), (B)
Entrance fee prohibited Yes A park owner may not pay or receive an entry fee of any type as a condition of tenancy. The bar runs both ways, covering fees between the park owner and the owner or seller of a mobile home. The act then defines an entry fee as any fee paid to or received by the park owner or its agent except five things: rent, a security deposit within the statutory limit, a fee charged by a state, municipal or county agency, utilities, and incidental charges for services actually performed by the park owner or agreed to in writing by the tenant. A seller of mobile homes may also not pay cash or other consideration to a park owner to reserve spaces or induce acceptance of homes. NMSA 1978, § 47-10-10 (A), (B); NMSA 1978, § 47-10-13
Exit or removal fee prohibited No state rule New Mexico bars entry fees and selling or transfer fees, but says nothing about a fee for moving a home out of a park. The fee sections are aimed at the start of a tenancy and at a sale: one bars an entry fee of any type as a condition of tenancy, the other bars a selling or transfer fee charged to a tenant selling a home or to the buyer. Neither reaches a charge for removal, and no other section of the act does. What governs a removal charge is the rental agreement, read against the entry-fee definition, which allows only rent, a security deposit, government fees, utilities and incidental charges for services actually performed or agreed to in writing. NMSA 1978, § 47-10-10 (A), (B); NMSA 1978, § 47-10-12
Undisclosed fees uncollectible No state rule The act requires every charge to be disclosed but does not say an undisclosed charge cannot be collected. Before a resident rents or occupies a lot the management must adequately disclose the terms and conditions of the tenancy in writing in a rental agreement, and the required contents include all charges to the tenant other than rent, the amount of the rent, and the dollar amount of any rent increases for each of the preceding two years. Where an owner deliberately uses an agreement containing provisions it knows the law forbids, the resident may recover the resulting damages and reasonable attorney fees. The act stops short of making an undisclosed charge uncollectible as such. NMSA 1978, § 47-10-14 (A)(1), (A)(8), (D); NMSA 1978, § 47-10-10 (B)(5)
Utility billing rules A landlord that buys utility services for residents may not bill more than the cost per unit it paid the supplier, must send a monthly itemized bill, and may add only a reasonable administrative fee that is disclosed in the rental agreement. The monthly bill must list the charge for each utility service separately and give the amount consumed and the cost per unit for each; where individual cost-per-unit figures are not available the landlord must give the total cost and the formula used to work out the individual charges, and must show the administrative fee if there is one. An increase in that administrative fee takes sixty days' written notice. The park owner is responsible for maintaining all park-owned exterior utility lines from the home hookups to the main lines, except lines a resident damages, and must give a resident reasonable access to the records of any meter readings taken at that resident's space. Utility services here means electric, gas, water and sewer, not refuse collection. Each violation of these sections can draw a civil penalty of up to $500. NMSA 1978, § 47-10-20 (A), (B), (C); NMSA 1978, § 47-10-21 (A), (B), (C); NMSA 1978, § 47-10-22 (A), (B), (C); NMSA 1978, § 47-10-2 (J); NMSA 1978, § 47-10-23 (A)
Submetering required or regulated No state rule New Mexico does not require individual meters at each lot. The act assumes meters may or may not exist: the landlord must give a resident reasonable access to records of meter readings, if any, taken at that resident's space, and the itemized-bill section provides for the case where individual cost-per-unit figures are not available by requiring the total cost plus the formula used to divide it. What governs instead is the cost-per-unit ceiling on what may be billed and the itemized-bill duty. NMSA 1978, § 47-10-20 (B), (C); NMSA 1978, § 47-10-22 (B)
Lot security deposit rules A lot security deposit may not exceed one month's rent, or two months' rent for a multiwide home, and it stays the property of the tenant in a separate trust account. The deposit may be taken against actual damage to the premises or to secure rental payments. The landlord holds it as a private trustee, may not mix it with other money, and keeps the interest and profits on it as compensation for administering the trust. The general owner-resident act supplies the return rules: within thirty days of the end of the agreement or the resident's departure, whichever is later, the landlord must give an itemized written list of the deductions with the balance, nothing may be kept for normal wear and tear, and a landlord that misses the deadline forfeits the right to withhold any of the deposit, to counterclaim in a suit to recover it and to sue separately for damage, and owes court costs and reasonable attorney fees. Retaining a deposit in bad faith carries a $250 civil penalty payable to the resident. NMSA 1978, § 47-10-8; NMSA 1978, § 47-10-10 (B)(2); NMSA 1978, § 47-8-18 (C), (D), (E); NMSA 1978, § 47-10-18

C. Lease, rules and disclosure

Rule New Mexico law Source
Written lease Required A lot tenancy cannot begin without a written lease or rental agreement. The act says no tenancy or other lease or rental occupancy of space in a park shall commence without one, defines a rental agreement as a written agreement including the conditions implied by law, and requires the agreement to be signed by both the management and the resident with each party receiving a copy. A lease may not contain any provision by which the tenant waives rights under the act; such a waiver is contrary to public policy and is unenforceable and void. NMSA 1978, § 47-10-3 (A), (D); NMSA 1978, § 47-10-2 (G); NMSA 1978, § 47-10-14 (A), (B)
Minimum lease term that must be offered No state rule New Mexico requires a written agreement but does not set a minimum term the park must offer. The disclosure section requires the term of the tenancy to be stated in the agreement, and leaves the length of that term to the parties. Where an agreement fixes no definite term, the general owner-resident act makes the residency month to month, or week to week where rent is paid weekly. What protects a resident's tenure is not a term but the rule that a tenancy may be ended only for the reasons the act lists. NMSA 1978, § 47-10-14 (A)(1); NMSA 1978, § 47-8-15 (C); NMSA 1978, § 47-10-5
Notice to end a tenancy without cause No state rule There is no notice period for ending a lot tenancy without cause, because the act gives no route to do so. A tenancy may be terminated only for one or more of the reasons the act lists, and the New Mexico Supreme Court has held that a notice to quit given to a month-to-month resident must state good cause. Every termination runs through a written notice to quit in the statutory form, after which the resident has at least thirty days from the end of the rental period to remove the home, or sixty days for a multisection home. NMSA 1978, § 47-10-5; NMSA 1978, § 47-10-3 (A), (C)
Notice before park rules change 60 days New or amended park rules take sixty days' notice before they can take effect. The management must tell residents of a proposed new or amended rule at least sixty days before its effective date and must allow a thirty-day comment period; comments must be in writing and signed, and once all comments are in the management must post every comment and its response in a conspicuous place. A separate section makes rules enforceable against a resident only if they were submitted to tenants for comment sixty days before being implemented, are aimed at the convenience, safety or welfare of residents or at protecting the premises or fairly distributing services, are reasonably related to that purpose, are not retaliatory or discriminatory, and are explicit enough to tell the resident what to do. Pets already in compliance are exempt from a new rule that would ban them, so long as they are not a nuisance, and existing residents cannot be made to comply with a rule change requiring physical improvements to the home or lot unless the home breaks a local ordinance or its condition is a public nuisance or a threat to public peace, health or safety. NMSA 1978, § 47-10-15.1 (A), (B), (C); NMSA 1978, § 47-10-15 (A)-(E)
Disclosure document A disclosure document with state-prescribed contents The rental agreement itself must carry nine items of state-prescribed content, disclosed in writing before the resident rents or occupies the lot. They are the term of the tenancy, the amount of the rent and the dollar amount of any rent increases in each of the preceding two years; the day rent is due; the day unpaid rent falls into default; the park rules then in effect; the zoning applicable to the land the park sits on; the name and mailing address where a manager's decision may be appealed; the name and mailing address of the park owner; all charges to the tenant other than rent; and a statement explaining the resident's right to ask for alternative dispute resolution of disputes with the owner or management, other than disputes over nonpayment of rent or utility charges or public safety emergencies. The Court of Appeals held in 2026 that leaving out the dispute-resolution statement is not a minor omission. The act separately prescribes the contents of the notice to quit. NMSA 1978, § 47-10-14 (A)(1)-(9), (B); NMSA 1978, § 47-10-3 (A)(1)-(5)
Residents' right to meet and organize Yes Park management may not prohibit tenant meetings about mobile home living and affairs held in the park's community hall or recreation hall, where such a facility exists, so long as the hall is reserved according to park rules and the meeting is at a reasonable hour when the facility is not otherwise in use. Common areas must be open to all residents at all reasonable times, subject to the owner's written regulations. The right is tied to an existing hall or similar facility; the act does not require a park to provide one. Separately, the general owner-resident act bars an owner from retaliating against a resident who organizes or joins a residents' union, association or similar organization. NMSA 1978, § 47-10-7; NMSA 1978, § 47-8-39 (A)(2)
Owner entry onto the lot or into the home Twenty-four hours' written notice stating the purpose, the date and a reasonable estimate of the time of entry, unless the parties agree otherwise or it is an emergency. The Mobile Home Park Act contains no entry provision, so the general owner-resident act supplies the rule; that act counts a parcel of land leased as a site for a mobile home as a dwelling unit. Entry is allowed to inspect, make necessary or agreed repairs, decorations, alterations or improvements, supply agreed services, or show the place to prospective or actual purchasers, mortgagees, residents, workers or contractors. The notice requirement does not apply where the owner comes to do repairs or services within seven days of the resident's own request, or where the owner is accompanied by a public official conducting an inspection or by a cable, electric, gas or telephone company representative. Where the resident gives reasonable prior notice of alternate times, the owner must try to accommodate them. The owner may enter without consent in an emergency, may not abuse the right of access, and otherwise has no right of entry except by court order. A resident who refuses lawful access can be compelled or have the agreement ended; an unlawful entry, a lawful entry made unreasonably, or repeated demands that interfere with quiet enjoyment let the resident obtain an order stopping it or end the agreement, and recover damages either way. NMSA 1978, § 47-8-24 (A)-(F); NMSA 1978, § 47-10-18; NMSA 1978, § 47-8-3 (G)
Retaliation prohibited Yes An owner may not retaliate against a resident who is keeping to the agreement by raising the rent, cutting services, or bringing or threatening an action for possession, where within the previous six months the resident has complained to a government agency about a building or housing code violation affecting health and safety, organized or joined a residents' union or association, acted in good faith to exercise rights under the general act including asking in writing for repairs, made a fair housing complaint, won or filed a suit against the owner about the residency, testified for another resident, or lawfully withheld rent. A violation entitles the resident to the general act's remedies and is a defense to an action for possession. The owner may still raise rent or change services at the end of a term, or as the agreement provides, if it can show the change matches what other residents in similar units face and is uniform rather than aimed at the one resident. Park rules must also not be retaliatory or discriminatory. NMSA 1978, § 47-8-39 (A), (B), (C); NMSA 1978, § 47-10-18; NMSA 1978, § 47-10-15 (D)

D. Termination and eviction

Rule New Mexico law Source
Just cause required to end a tenancy Yes A tenancy may be terminated under the act only for one or more of the reasons the act lists, and nonpayment of rent is dealt with in its own section. Every termination begins with a written notice to quit that names the landlord or the park, gives the mailing address of the property, the space number and the county, and states the reason for the termination together with the date, place and circumstances of any acts said to justify it. The New Mexico Supreme Court has held that these notice provisions require strict compliance and that a notice to quit given to a month-to-month resident must state good cause. NMSA 1978, § 47-10-5; NMSA 1978, § 47-10-3 (A); NMSA 1978, § 47-10-6
Grounds for termination
  • Failure of the tenant to comply with local ordinances and state laws and regulations concerning mobile homes.
  • Conduct of the tenant on the premises that is an annoyance to other tenants or interferes with park management.
  • Failure of the tenant to comply with the park's written rules and regulations, whether set in the rental agreement at the start of the tenancy, amended later with the tenant's consent, or amended later without consent on thirty days' written notice if the amended rules are reasonable.
  • Condemnation or change of use of the mobile home park.
  • Change of use of the land where the zoning law lets the landlord make the change without the zoning authority's consent and the change would evict inhabited homes, on six months' written notice of intent to evict.
  • Failure to pay rent when due, under the act's separate nonpayment section.
The first five grounds come from the act's list of reasons for termination; the sixth is the separate nonpayment route. Rules on recreational facilities may be amended at management's discretion, and immediate compliance may be required where local ordinances, state law or an emergency call for it. Where the park is the subject of a condemnation proceeding, the landlord must tell tenants in writing the terms of the condemnation notice within seventeen days of being formally notified. 		NMSA 1978, § 47-10-5 (A)-(E); NMSA 1978, § 47-10-6
Notice for nonpayment of lot rent 3 days Nonpayment takes at least three days' written notice. The notice must require, in the alternative, payment of the rent and utility charges or removal of the tenant's unit from the premises, within a period of not less than three days after the notice is served or posted. Paying the full amount in the manner the notice states, before the three days run out, bars an action for nonpayment. The Court of Appeals held in 2024 that a nonpayment notice works as a notice to quit when the past-due rent is not paid, so a landlord who posts it at the main entrance of the home must also send a copy by certified mail with return receipt requested. NMSA 1978, § 47-10-6; NMSA 1978, § 47-10-3 (B); NMSA 1978, § 47-8-33 (D)
Notice for a rule or lease violation 7 days A first rule or lease violation carries a seven-day notice to put it right. The Mobile Home Park Act sets no cure period of its own, so the general owner-resident act supplies one: the owner must deliver a written notice specifying the acts and omissions that make up the breach, with the dates and the specific facts, and stating that the agreement will end on a date not less than seven days after the notice is received if the breach is not remedied within seven days. That notice must be given within thirty days of the breach or of the owner learning of it, and where the last day to put things right falls on a weekend or federal holiday the period runs to the next working day. The act's own notice to quit and its thirty-day removal period, sixty days for a multisection home, then apply. NMSA 1978, § 47-8-33 (A), (C), (H); NMSA 1978, § 47-10-18; NMSA 1978, § 47-10-3 (A), (C)
Repeat-violation rule A second material breach within six months of the first ends the agreement on not less than seven days' notice, with no right to put it right. The rule comes from the general owner-resident act, which applies where the Mobile Home Park Act is silent. The first notice must itself state that the agreement will end on a second material breach within six months of the first. A breach occurring more than six months after the first counts as a fresh first breach and carries the seven-day cure notice again. Any notice must be given within thirty days of the breach or of the owner learning of it, and relief in court may be granted only on the grounds set out in the notice that was served. A knowing substantial violation, a defined list that includes controlled-substance offenses, unlawful use of a deadly weapon, serious physical harm, sexual assault, unlawful entry with intent to steal or assault, robbery and intentional or reckless property damage above $1,000, ends the agreement on not less than three days' notice, with defenses for a victim of domestic violence, for a resident who did not know of and could not have prevented another person's act, and for reasonable self-defense. NMSA 1978, § 47-8-33 (B), (C), (G), (I)-(L); NMSA 1978, § 47-8-3 (V); NMSA 1978, § 47-10-18
Time to sell or remove the home after termination 30 days After a notice to quit the resident has at least thirty days from the end of the rental period in which the notice was served to remove the home, and that is automatically extended to sixty days where a multisection home has to be moved. The sixty days drops back to thirty where a multisection home is leased to or occupied by someone other than its owner in a way that breaks the landlord's rules. This is time to move the home, not a right to sell it in place after an eviction: once judgment for possession is entered, the notice of judgment sets a time not less than forty-eight hours away for the sheriff to return with the writ of restitution and superintend removal, and it tells the home owner to take off the skirting, disconnect utilities, attach tires and otherwise make the home ready for highway travel. NMSA 1978, § 47-10-3 (C); NMSA 1978, § 47-10-9 (A), (B), (C)
Abandoned-home procedure Yes The act defines an abandoned home and sets out what happens to it, with the first lienholder at the center. Abandonment means the resident's absence from the home without notice to the landlord for more than seven continuous days, where the absence begins after the lot rent is delinquent. Where the home has been abandoned or possession surrendered, or where the court finds a first lienholder's security interest before issuing a writ of restitution, the landlord must notify the lienholder in writing by hand delivery or certified mail, stating the position, disclosing the charges and daily rent, and attaching the lease and park rules. The lienholder then has thirty days to say whether it will pay or remove the home, and thirty days to pay the charges accrued to the notice date, with daily rent capped at one-thirtieth of the current lot rental amount. A lienholder that has paid in full may not be stopped from removing the home, and if the home has not been resold within six months of the notice the landlord may ask the lienholder to remove it within thirty days. Unpaid rent, utility and reasonable removal and storage charges become a lien that runs with the home and can be foreclosed like a landlord's lien. NMSA 1978, § 47-10-2 (K), (L); NMSA 1978, § 47-10-9 (D)-(L)
Mediation or dispute-resolution requirement Either party may ask for alternative dispute resolution before a case is filed, but neither side is required to take part and either may end the process at any time. The right covers any civil dispute between management and a resident arising out of the act, other than nonpayment of rent or utility charges and cases where the health or safety of other residents is in imminent danger, and it must be exercised before a court action or an eviction action is filed. The cost is divided equally among the disputing parties, and the work must be done by a professionally certified mediator approved by all of them. Any agreement reached is presented to the court as a stipulation; either party may end the process at any time without prejudice, and if a party later breaks the stipulation the other may apply to the court at once. The rental agreement must contain a statement explaining this right, and the Court of Appeals held in 2026 that leaving that statement out is not a minor omission. NMSA 1978, § 47-10-17 (A)-(D); NMSA 1978, § 47-10-14 (A)(9)

E. Closure and change of use

Rule New Mexico law Source
Notice before closure or change of use 6 months Six months' written notice is required where the zoning law lets the landlord change the use of the land without the zoning authority's consent and the change would evict inhabited homes. In that case the landlord must first give the owner of each home facing eviction a written notice of intent to evict, not less than six months before the change of use, mailed to each tenant. Condemnation or change of use is also a ground for termination in its own right, and where a government agency formally notifies the owner that the park is the subject of a condemnation proceeding the landlord has seventeen days to tell tenants in writing the terms of that notice. NMSA 1978, § 47-10-5 (D), (E)
Variants (by trigger or park size)
  • Change of use the zoning law allows without the zoning authority's consent, where the change would evict inhabited homes: 6 months (Written notice of intent to evict, mailed to each tenant, given to the owner of every home facing eviction before the use changes).
  • Condemnation of the park: 17 days (Once a government agency formally notifies the owner that the park is the subject of a condemnation proceeding, the landlord has seventeen days to tell tenants in writing the terms of the condemnation notice).
  • Change of use that needs the zoning authority's consent: No separate period (Condemnation or change of use is a ground for termination, but the six-month notice is written for the case where zoning consent is not needed, so what applies is the ordinary notice to quit and the thirty-day removal period, sixty days for a multisection home).
The act treats closure as a termination ground rather than as a separate closure regime. There is no notice to a government body, no relocation payment and no purchase right triggered by a closure. 		NMSA 1978, § 47-10-5 (D), (E); NMSA 1978, § 47-10-3 (A), (C)
Relocation payment required No state rule No one has to pay a resident to move when a park closes. The act's closure provisions consist of the six-month notice of intent to evict where zoning allows the change of use without consent, and the seventeen-day duty to pass on the terms of a condemnation notice; neither carries any payment, and no other section of the act creates one. New Mexico has no state relocation fund for park residents. What a resident has instead is the notice period and the thirty-day removal period, sixty days for a multisection home. NMSA 1978, § 47-10-5 (D), (E); NMSA 1978, § 47-10-3 (C)
Relocation amounts No state rule There are no statutory relocation amounts, because no relocation payment is required. The act sets no figure, no formula and no fund for the cost of moving a home out of a closing park. Moving costs fall on whoever has agreed to bear them, and on the resident where nothing has been agreed. NMSA 1978, § 47-10-5 (D), (E)
Who pays relocation None required Nobody is required to pay relocation costs when a New Mexico park closes. The act creates no duty on the park owner and no state fund, so the cost of moving or disposing of a home falls where the parties' own agreement puts it. NMSA 1978, § 47-10-5 (D), (E); NMSA 1978, § 47-10-3 (C)
Notice to a government body on closure No state rule A park owner closing a park does not have to tell any government body. The notice the act requires runs the other way and only in one direction: where a government agency formally notifies the owner that the park is the subject of a condemnation proceeding, the owner has seventeen days to pass the terms of that notice on to the tenants. The six-month notice of intent to evict for a change of use is owed to the owner of each home, and is mailed to each tenant, with no copy to a local government or state agency. NMSA 1978, § 47-10-5 (D), (E)

F. Sale of the park

Rule New Mexico law Source
Residents must be told the park is for sale No state rule Residents have no right to be told that the park is being sold. The act's sale-related sections deal with sales of homes rather than sales of the park: one bars closed parks and tied purchases, one bars selling and transfer fees, and one bars a home dealer paying a park owner to reserve spaces. None requires notice of a sale or transfer of the park itself, and the termination section reaches a change of use rather than a change of owner. Bills to add a notice of sale were introduced in 2025 and again in 2026 and neither passed. NMSA 1978, § 47-10-11; NMSA 1978, § 47-10-12; NMSA 1978, § 47-10-5 (D)
What triggers the notice No state rule Nothing triggers a notice to residents that the park is for sale, because no such notice is required. Listing, marketing, receiving an offer and completing a sale of the park all sit outside the act. What the act does regulate at the point of sale is the sale of a resident's own home, which management may not prohibit and on which it may not require a selling or transfer fee. NMSA 1978, § 47-10-11 (D); NMSA 1978, § 47-10-12
Residents' purchase right None required New Mexico residents have no statutory right to buy the park. The act gives no right of first refusal, no opportunity to negotiate and no notice of a proposed sale, whether the sale is an ordinary transfer or one that leads to a closure. Residents who want to buy a community must negotiate as any other buyer would. NMSA 1978, § 47-10-11; NMSA 1978, § 47-10-5 (D), (E)
Time for residents to respond No state rule There is no response window, because there is no notice for residents to respond to. The act sets no timetable of any kind around a sale of the park. The only statutory windows in the act run to a resident facing termination or to a first lienholder dealing with a home left behind. NMSA 1978, § 47-10-11; NMSA 1978, § 47-10-9 (H)
Resident-association threshold No state rule The act sets no threshold for a residents' association, because it gives residents no collective role in a sale. It does not define a residents' organization, set a share of homes that must join one, or attach any consequence to forming one. Residents may still organize, and the general owner-resident act bars retaliation against a resident who organizes or joins a residents' union or association. NMSA 1978, § 47-10-11; NMSA 1978, § 47-8-39 (A)(2)
Transfers exempt from the sale rules No state rule There are no exempt transfers to list, because no transfer of the park carries a duty in the first place. The act sets no notice, purchase right or penalty on a sale of the community, so there is nothing for an exception to carve out. NMSA 1978, § 47-10-11; NMSA 1978, § 47-10-12
Residents may assign the right to a nonprofit or municipality No state rule Residents have no right to assign a purchase opportunity to a nonprofit or a municipality, because the act gives them no purchase right to assign. Nothing in the act names community land trusts, resident cooperatives, housing authorities or local governments, or gives them any standing when a park changes hands. NMSA 1978, § 47-10-11
Penalty for violating the sale rules No state rule No penalty attaches to the sale of a park, because the act sets no rules for one. The penalties the act does carry sit elsewhere: a civil penalty of up to $500 for each violation of the rent-disclosure and the three utility sections, actual damages or equitable relief in a civil action brought by either the management or the resident, court costs and reasonable attorney fees to a prevailing party, and damages plus attorney fees where an owner deliberately uses a rental agreement containing provisions it knows the law forbids. NMSA 1978, § 47-10-23 (A), (B); NMSA 1978, § 47-10-10 (C), (D); NMSA 1978, § 47-10-14 (D)

G. The resident's home

Rule New Mexico law Source
Right to sell the home in place Yes Management may not prohibit the listing or sale of a home within the park by its owner or the owner's agent, and may not require that management act as the selling agent or as agent in any future sale. A tenancy may also not be ended solely because of the size or age of the home. The right has a real limit: where the home is sold to a buyer who intends to stay in the park, the buyer may not live there unless the landlord has qualified them as a resident, and until the buyer and the landlord sign a written lease the landlord may refuse to recognize the sale and treat anyone living in the home as a trespasser. NMSA 1978, § 47-10-11 (A), (D); NMSA 1978, § 47-10-3 (E); NMSA 1978, § 47-10-9 (K)
Park may not take a commission on the sale Yes A park owner may not require payment of any type of selling fee or transfer fee, either from a tenant selling a home or from the buyer, as a condition of the buyer's tenancy. Management may also not require, as a condition of tenancy, that it act as agent in a future sale of the home, and may not require as a condition of sale that it serve as the selling agent. One exception is written into the section: the owner may charge a reasonable selling or transfer fee for services actually performed and agreed to in writing by the tenant. The section also says it does not affect the rent charged. NMSA 1978, § 47-10-12; NMSA 1978, § 47-10-11 (A), (D)
Park may screen the buyer Yes The park may screen the buyer. The fee section says expressly that it does not prevent the owner from applying the normal park standards to prospective buyers before granting or denying tenancy. The remedies section adds that a buyer who intends to stay in the park may not live in the home unless the landlord has qualified them as a resident, and that until the buyer and the landlord have entered into a written lease the landlord may refuse to recognize the sale and treat occupants as trespassers. NMSA 1978, § 47-10-12; NMSA 1978, § 47-10-9 (K)
Buyer-approval standard and deadline The park applies its normal park standards and must treat all persons equally in evaluating credit or renting available space; the act sets no deadline for a decision and no requirement that approval be withheld only for a reasonable cause. New Mexico's buyer standard is a light one. The equal-treatment duty is the main constraint, and it is subject to one carve-out: a park may be designated as housing for older persons after six months' notice to residents, provided the management follows all applicable state and federal antidiscrimination procedures, including the federal Fair Housing Act. Park rules must also be non-discriminatory and reasonably related to their purpose. The buyer does not take over the seller's agreement; the buyer and the landlord sign a new written lease, and until they do the landlord may refuse to recognize the sale. The act gives no timetable for the landlord's answer, no requirement that a refusal be in writing, and no standard of reasonableness a refused buyer could test in court beyond the equal-treatment and antidiscrimination duties. NMSA 1978, § 47-10-12; NMSA 1978, § 47-10-11 (E); NMSA 1978, § 47-10-9 (K); NMSA 1978, § 47-10-15 (C), (D)
Home may not be rejected for age, size or style alone Yes A park may not end a tenancy solely because of the size or age of the home. The bar reaches termination only: the act does not stop a park from refusing to admit a home, or from turning down a buyer who wants to keep an older home on the lot, on those grounds, and it does not mention style at all. A related protection works from a different direction, barring management from making existing residents comply with a rule change that would require physical improvements to the home or lot, unless the home breaks a local ordinance or its condition is a public nuisance or a threat to public peace, health or safety. NMSA 1978, § 47-10-3 (E); NMSA 1978, § 47-10-15.1 (C)
Park may require repairs before sale No state rule The act says nothing about requiring repairs or upgrades to a home before it is sold. It bars management from prohibiting the listing or sale of a home in the park and from ending a tenancy over the home's age or size, but it does not address conditions placed on a sale. The nearest limit is the rule that existing residents may not be made to comply with a rule change requiring physical improvements to the home or lot unless the home breaks a local ordinance or its condition is a public nuisance or a threat to public peace, health or safety. Beyond that, what governs is the park's rules, which must be reasonable and reasonably related to the convenience, safety or welfare of residents. NMSA 1978, § 47-10-15.1 (C); NMSA 1978, § 47-10-11 (D); NMSA 1978, § 47-10-15 (B), (C)
Right to post a For Sale sign No state rule New Mexico does not protect a for-sale sign. The section that bars management from prohibiting the listing or sale of a home in the park stops at listing and sale and says nothing about a sign on the home or the lot. No other section of the act mentions signs. What governs is the park's own rules, which are enforceable only if they were put to residents for comment sixty days before implementation, serve the convenience, safety or welfare of residents or the protection of the premises, are reasonably related to that purpose, are not retaliatory or discriminatory, and are explicit enough to tell a resident what is expected. NMSA 1978, § 47-10-11 (D); NMSA 1978, § 47-10-15 (A)-(E)

H. The eight federal lender protections — which ones New Mexico law already requires

Fannie Mae and Freddie Mac require eight tenant site lease protections in every manufactured housing community loan they buy. Where state law already requires a protection of every park, a resident has it whether or not the park has agency financing. New Mexico law requires 2 of 8. All 50 states are compared in our research study, including the 2018 federal survey baseline.

ProtectionNew Mexico lawBasis
One-year renewable lease term unless there is good cause for non-renewal Partly One limb only. A tenancy may be ended only for the reasons the act lists, so there is no non-renewal without cause, but no term of a year has to be offered: the act requires a written agreement and requires the term to be stated, without setting a minimum, and where no definite term is fixed the general act makes the residency month to month. (NMSA 1978, § 47-10-5; NMSA 1978, § 47-10-14; NMSA 1978, § 47-8-15)
30-day written notice of rent increases Required A landlord must disclose a rent increase in writing to the resident at least sixty days before it takes effect, and the act states separately that rent shall not be increased without sixty days' written notice, twice the thirty days the protection calls for. (NMSA 1978, § 47-10-19; NMSA 1978, § 47-10-6)
5-day grace period for rent payments and the right to cure defaults on rent payments Partly The right to cure is there: a nonpayment notice must give at least three days to pay the rent and utility charges or remove the home, and paying the full amount in the manner stated before the three days expire bars the action. The grace-period half is not met, because no statute keeps a late fee off for any number of days after the due date; the general act allows a late fee of up to five percent of the rent for each rental period the resident is in default. (NMSA 1978, § 47-10-6; NMSA 1978, § 47-8-33; NMSA 1978, § 47-8-15)
Right to sell the manufactured home without having to first relocate it out of the community Required Management may not prohibit the listing or sale of a mobile home within the park by its owner or the owner's agent, and may not require that management serve as the selling agent, so the home does not have to be moved out to be sold. (NMSA 1978, § 47-10-11)
Right to sell the manufactured home in place within 30 days after eviction by the community owner Not required New Mexico gives no period after an eviction in which the home may be sold in place. The right to sell within the park runs only while the tenancy continues; after a notice to quit the resident has thirty days from the end of the rental period (sixty for a multisection home) to remove the home, which is time to move it rather than to sell it on the lot, and once judgment for possession is entered the sheriff returns with the writ of restitution not less than forty-eight hours later to superintend removal. (NMSA 1978, § 47-10-11; NMSA 1978, § 47-10-9; NMSA 1978, § 47-10-3)
Right to sublease or assign the pad site lease for the unexpired term to the new buyer of the home without unreasonable restraint Partly There is no assignment of the unexpired term. A buyer who intends to stay must be qualified by the landlord as a resident and must enter a new written lease, and until then the landlord may refuse to recognize the sale; the only standards on that decision are the park's normal standards, an equal-treatment duty in evaluating credit and renting space, and the antidiscrimination laws, with no requirement that consent be withheld only reasonably and no deadline for an answer. (NMSA 1978, § 47-10-9; NMSA 1978, § 47-10-12; NMSA 1978, § 47-10-11)
Right to post "For Sale" signs that comply with the community's rules Not required No statute or regulation protects a for-sale sign. The section barring management from prohibiting the listing or sale of a home says nothing about signs, and signs are left to the park's rules, which must be reasonable and reasonably related to their purpose. (NMSA 1978, § 47-10-11; NMSA 1978, § 47-10-15)
Right to receive at least 60 days' notice of a planned sale or closure of the community Partly The closure limb is met in part and the sale limb not at all. Where the zoning law lets the landlord change the use of the land without the zoning authority's consent and the change would evict inhabited homes, each home owner gets six months' written notice of intent to evict; a change of use that needs zoning consent carries no separate period, and nothing in the act requires residents to be told the park is being sold. (NMSA 1978, § 47-10-5; NMSA 1978, § 47-10-11)

Notes and caveats

Common questions: New Mexico mobile home park law

Each answer is the verified value from the tables above, restated as a direct answer. Free to quote with a link to this page.

How much notice must a New Mexico park give before raising lot rent?
60 days. A lot-rent increase takes sixty days' written notice.
Is there a limit on how much lot rent can go up in New Mexico?
New Mexico sets no state rule on this. New Mexico sets no ceiling on how much lot rent may rise.
Can a New Mexico park owner end a lot tenancy without cause?
No — a New Mexico park may end a lot tenancy only for a listed cause. A tenancy may be terminated under the act only for one or more of the reasons the act lists, and nonpayment of rent is dealt with in its own section.
How much notice must a New Mexico park give before closing or changing use?
6 months. Six months' written notice is required where the zoning law lets the landlord change the use of the land without the zoning authority's consent and the change would evict inhabited homes.
Does a New Mexico park have to pay residents' relocation costs when it closes?
New Mexico sets no state rule on this. No one has to pay a resident to move when a park closes.
Do New Mexico residents get a chance to buy the park when it is sold?
No — New Mexico law gives residents no right to buy the park. New Mexico residents have no statutory right to buy the park.
Can a New Mexico resident sell the home in place without moving it out of the park?
Yes — a New Mexico resident may sell the home in place. Management may not prohibit the listing or sale of a home within the park by its owner or the owner's agent, and may not require that management act as the selling agent or as agent in any future sale.

Cite this page: "Landlord Atlas, New Mexico Mobile Home Park Laws (verified August 18, 2026), landlordatlas.com/laws/mobile-home-parks/new-mexico/" — free to cite and quote with a link (how these records are verified).

Citations

Every row above links the section it rests on. This topic covers all 50 states; the topic hub compares them side by side.