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Eviction Notice Legalities Explained
Summary
A notice to vacate generally requires a judges signature to be enforceable. An attorneys notice alone may not be legally binding without a court order. Filing a Motion to Stay can temporarily halt the eviction process. Highlighting long-term residence and property improvements can strengthen your case. Its advisable to consult a local attorney for specific guidance. Filing a motion for a hearing ensures your Motion to Stay is reviewed promptly. Templates for both motions are available, and contacting the Otero County Court can provide further procedural guidance.Full Conversation
Tab Tidwell in New Mexico
Hi Tab! How can I assist you with your legal issue today? Could you provide more details about your situation?
My stepmother asked my girlfriend and myself to move out to the property on *. We were offered to fix up a trailer that was on the property already that my deceased brother and family had lived in before my stepmom won it in a couet case. This trailer had holes in the floor, mice and completely unliveable. I spent over *,* of my money and fixed it up. My stepmothersaid it was ours. Then my father passes away and she just passed away. I just finished court hearing with her estate over the property which they ruled in her favor. The judge didnt say anything about us leaving the property and on the 21st i was served papers from the estates attorney saying i had to be off the property by tomorrow at 3pm. It isnt signed by a judge only the attorney. Is this legal?
Hi Tab!
- A notice to vacate generally needs to be signed by a judge to be enforceable.
- An attorney's notice alone may not be legally binding without a court order.
- Consult a local attorney to verify the notice's legality and possibly contest it.
Good luck!
- A notice to vacate generally needs to be signed by a judge to be enforceable.
- An attorney's notice alone may not be legally binding without a court order.
- Consult a local attorney to verify the notice's legality and possibly contest it.
Good luck!
I am pro se
Tab, given the complexity of your situation and the urgency, here are some general legal points to consider:
- Notice to Vacate: A notice from an attorney without a judge's signature may not be enforceable.
- Eviction Process: Typically, an official eviction process requires a court order.
- Property Improvements: Documenting the money you spent on the trailer might support your case.
It would be wise to consult with a local attorney to get specific advice tailored to your situation.
Best of luck!
- Notice to Vacate: A notice from an attorney without a judge's signature may not be enforceable.
- Eviction Process: Typically, an official eviction process requires a court order.
- Property Improvements: Documenting the money you spent on the trailer might support your case.
It would be wise to consult with a local attorney to get specific advice tailored to your situation.
Best of luck!
Can i do a motion to stay
Yes, you can file a motion to stay to temporarily halt the eviction process. Here are the general steps:
- File a motion to stay with the court that ruled on the estate case.
- Include details of the notice you received and your arguments for staying on the property.
- Attach evidence of the improvements you made to the trailer.
It's advisable to seek local legal assistance to ensure the motion is filed correctly.
- File a motion to stay with the court that ruled on the estate case.
- Include details of the notice you received and your arguments for staying on the property.
- Attach evidence of the improvements you made to the trailer.
It's advisable to seek local legal assistance to ensure the motion is filed correctly.
Can you show my an example motion with any statues that i can use
Sure, here is a basic example of a Motion to Stay that you can use as a template, including statutes relevant to New Mexico:
---
STATE OF NEW MEXICO
COUNTY OF [Your County]
IN THE [Name of Court] COURT
[Your Name],
Petitioner,
v.
[Estate/Respondent Name],
Respondent.
CASE NO. [Your Case Number]
MOTION TO STAY
COMES NOW, the Petitioner, [Your Name], and respectfully submits this Motion to Stay the eviction from the property located at [Property Address], for the following reasons:
*. On [Date], I was served with a notice to vacate the property by [Estate's Attorney's Name], which is not signed by a judge and may not be enforceable without a court order. (See NMSA *, § *-*-*).
*. I have substantially improved the property by investing over $*,* to repair and make the trailer livable, under the belief and agreement with my stepmother that the property was ours.
*. I have not received a court order for eviction, and the notice does not complywith the legal requirements for enforceable eviction notices. (See NMSA *, § *-*-*).
WHEREFORE, I request that this Court grant a stay of eviction to allow me time to:
- Properly contest the eviction notice.
- Present evidence of the improvements made to the property.
Respectfully submitted,
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
Dated: [Date]
---
Would you like more information on how to file this motion?
---
STATE OF NEW MEXICO
COUNTY OF [Your County]
IN THE [Name of Court] COURT
[Your Name],
Petitioner,
v.
[Estate/Respondent Name],
Respondent.
CASE NO. [Your Case Number]
MOTION TO STAY
COMES NOW, the Petitioner, [Your Name], and respectfully submits this Motion to Stay the eviction from the property located at [Property Address], for the following reasons:
*. On [Date], I was served with a notice to vacate the property by [Estate's Attorney's Name], which is not signed by a judge and may not be enforceable without a court order. (See NMSA *, § *-*-*).
*. I have substantially improved the property by investing over $*,* to repair and make the trailer livable, under the belief and agreement with my stepmother that the property was ours.
*. I have not received a court order for eviction, and the notice does not complywith the legal requirements for enforceable eviction notices. (See NMSA *, § *-*-*).
WHEREFORE, I request that this Court grant a stay of eviction to allow me time to:
- Properly contest the eviction notice.
- Present evidence of the improvements made to the property.
Respectfully submitted,
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
Dated: [Date]
---
~Santa Fe County Court
Phone: (*) *-*
Address: * Montezuma Ave, Santa Fe, NM *
Website: www.nmcourts.gov
Phone: (*) *-*
Address: * Montezuma Ave, Santa Fe, NM *
Website: www.nmcourts.gov
Would you like more information on how to file this motion?
It is in otero county and if i dont file this can it be enforced
If you don't file a Motion to Stay, the eviction notice from the estate's attorney may not be immediately enforceable, but they could potentially seek a court order to enforce it.
Would you like to know the contact details for the Otero County Court?
Would you like to know the contact details for the Otero County Court?
Whst about the fact that i have lived here sonce * and I cant be out because i havent found anywhere to go yet. I thought i was going to win the case against my stepmoms estate
Tab, your long-term residence and significant investment in the property could be crucial in contesting the eviction. Highlighting these points in your Motion to Stay can strengthen your case.
Would you like more detailed steps on how to file this motion in Otero County?
Would you like more detailed steps on how to file this motion in Otero County?
Can you add it to the template
Sure, Tab! Here's your revised Motion to Stay template, including your long-term residence and investment in the property:
---
STATE OF NEW MEXICO
COUNTY OF OTERO
IN THE [Name of Court] COURT
[Your Name],
Petitioner,
v.
[Estate/Respondent Name],
Respondent.
CASE NO. [Your Case Number]
MOTION TO STAY
COMES NOW, the Petitioner, [Your Name], and respectfully submits this Motion to Stay the eviction from the property located at [Property Address], for the following reasons:
*. On [Date], I was served with a notice to vacate the property by [Estate's Attorney's Name], which is not signed by a judge and may not be enforceable without a court order. (See NMSA *, § *-*-*).
*. I have substantially improved the property by investing over $*,* to repair and make the trailer livable, under the belief and agreement with my stepmother that the property was ours.
*. I have lived on the property since * and have not found alternative housing yet.
*. I have notreceived a court order for eviction, and the notice does not comply with the legal requirements for enforceable eviction notices. (See NMSA *, § *-*-*).
WHEREFORE, I request that this Court grant a stay of eviction to allow me time to:
- Properly contest the eviction notice.
- Present evidence of the improvements made to the property.
- Secure alternative housing.
Respectfully submitted,
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
Dated: [Date]
---
Phone: (*) *-*
Address: * New York Ave, Room *, Alamogordo, NM *
Website: www.nmcourts.gov
Would you like more detailed steps on how to file this motion in Otero County?
Case Rating: *
Phone: (*) *-*
Address: * New York Ave, Room *, Alamogordo, NM *
Website: www.nmcourts.gov
Would you like more detailed steps on how to file this motion in Otero County?
---
STATE OF NEW MEXICO
COUNTY OF OTERO
IN THE [Name of Court] COURT
[Your Name],
Petitioner,
v.
[Estate/Respondent Name],
Respondent.
CASE NO. [Your Case Number]
MOTION TO STAY
COMES NOW, the Petitioner, [Your Name], and respectfully submits this Motion to Stay the eviction from the property located at [Property Address], for the following reasons:
*. On [Date], I was served with a notice to vacate the property by [Estate's Attorney's Name], which is not signed by a judge and may not be enforceable without a court order. (See NMSA *, § *-*-*).
*. I have substantially improved the property by investing over $*,* to repair and make the trailer livable, under the belief and agreement with my stepmother that the property was ours.
*. I have lived on the property since * and have not found alternative housing yet.
*. I have notreceived a court order for eviction, and the notice does not comply with the legal requirements for enforceable eviction notices. (See NMSA *, § *-*-*).
WHEREFORE, I request that this Court grant a stay of eviction to allow me time to:
- Properly contest the eviction notice.
- Present evidence of the improvements made to the property.
- Secure alternative housing.
Respectfully submitted,
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
Dated: [Date]
---
Otero County Court
Phone: (*) *-*
Address: * New York Ave, Room *, Alamogordo, NM *
Website: www.nmcourts.gov
Would you like more detailed steps on how to file this motion in Otero County?
Case Rating: *
Do i have to file a motion for a hearing as well?
It's advisable to file a motion for a hearing to ensure your Motion to Stay is reviewed promptly. Check with the Otero County Court for specific procedures.
Would you like more information on how to file a motion for a hearing in Otero County?
Would you like more information on how to file a motion for a hearing in Otero County?
Can i get a template for that as well
Sure, Tab! Here is a basic example of a Motion for a Hearing that you can use as a template:
---
STATE OF NEW MEXICO
COUNTY OF OTERO
IN THE [Name of Court] COURT
[Your Name],
Petitioner,
v.
[Estate/Respondent Name],
Respondent.
CASE NO. [Your Case Number]
MOTION FOR HEARING
COMES NOW, the Petitioner, [Your Name], and respectfully moves this Court to set a hearing regarding the Motion to Stay filed by the Petitioner for the following reasons:
*. On [Date], I filed a Motion to Stay the eviction from the property located at [Property Address].
*. A hearing is necessary to address the details and urgency of the Motion to Stay to prevent unjust eviction.
*. The hearing will allow the Court to consider evidence of the improvements made to the property and the extended residence by the Petitioner.
WHEREFORE, Petitioner requests that the Court set a hearing on the Motion to Stay at the earliest convenience.
Respectfully submitted,
[Your Name]
[Your Address]
[Your Phone Number][Your Email Address]
Dated: [Date]
---
Otero County Court---
STATE OF NEW MEXICO
COUNTY OF OTERO
IN THE [Name of Court] COURT
[Your Name],
Petitioner,
v.
[Estate/Respondent Name],
Respondent.
CASE NO. [Your Case Number]
MOTION FOR HEARING
COMES NOW, the Petitioner, [Your Name], and respectfully moves this Court to set a hearing regarding the Motion to Stay filed by the Petitioner for the following reasons:
*. On [Date], I filed a Motion to Stay the eviction from the property located at [Property Address].
*. A hearing is necessary to address the details and urgency of the Motion to Stay to prevent unjust eviction.
*. The hearing will allow the Court to consider evidence of the improvements made to the property and the extended residence by the Petitioner.
WHEREFORE, Petitioner requests that the Court set a hearing on the Motion to Stay at the earliest convenience.
Respectfully submitted,
[Your Name]
[Your Address]
[Your Phone Number][Your Email Address]
Dated: [Date]
---
Phone: (*) *-*
Address: * New York Ave, Room *, Alamogordo, NM *
Website: www.nmcourts.gov
Would you like more detailed steps on how to file this motion in Otero County?
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