[NM] Do I have to formally evict someone who’s living in my RV?
Is removing someone from living in my RV an eviction, or is an RV considered a car, and can I repossess with the title in hand?
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You can repossess the RV if the title is in your name.
If you prefer to treat this as an eviction, you must provide a notice to vacate. However, since the RV is personal property, you might not need to follow the same eviction procedures as with real estate. It's best to consult with local authorities or a lawyer to be sure.
Based on your situation, here are some legal considerations in New Mexico:
- Property Ownership: Since you own the RV, it's considered personal property. You have the right to control who resides in it. But if someone is living in it, they may still have tenant rights — even without a formal lease.
- Eviction Process: In New Mexico, you may still need to follow the state’s eviction process. That typically means providing a notice to vacate, like a 3-day notice for non-payment or other issues (NMSA 1978, § 47-8-13).
- Domestic Violence Considerations: Given the history of domestic violence, there may be additional protections or considerations under state law, especially if safety is a concern (NMSA § 47-8-33.1).
If you’re concerned about safety or potential conflict, having a constable or law enforcement officer present during the repossession is a good idea. They can help ensure everything goes smoothly and safely.
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Is removing someone from living in my RV an eviction, or is an RV considered a car, and can I repossess with the title in hand?
Lexi, Chatbot
I understand your concern. Are you looking to remove someone living in your RV?
Yes.
Lexi, Chatbot
Do you have a written agreement or lease with the person living in your RV?
No.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
State is New Mexico.
Ray
Hey there! Welcome to AskaLawyer. I'm Ray, an attorney with many years of experience, and I'm here to help you. Could you tell me if the person living in your RV has been there a long time? That might help clarify the situation.
We lived together there at one time, but I left last November due to domestic violence and he went to jail.
Ray
If the title is in your name, you can repossess the RV in New Mexico. You can have a towing company come and get it like any lender can if payments have been missed.
OK, so do I call a constable to stand by? Also, what about the 3-day notice?
Ray
I'm really sorry to hear about your situation. It sounds tough, and I'm here to help. Could you let me know if there have been any legal actions or restraining orders since the incident? Also, is the person still living in the RV?
No legal actions, but he has been aware that I want the RV back. I feel like I have to evict because he refuses to leave and has brought a new girlfriend to live in it.
Ray
You can repossess the RV if the title is in your name.
If you prefer to treat this as an eviction, you must provide a notice to vacate. However, since the RV is personal property, you might not need to follow the same eviction procedures as with real estate. It's best to consult with local authorities or a lawyer to be sure.
Based on your situation, here are some legal considerations in New Mexico:
- Property Ownership: Since you own the RV, it's considered personal property. You have the right to control who resides in it. But if someone is living in it, they may still have tenant rights — even without a formal lease.
- Eviction Process: In New Mexico, you may still need to follow the state’s eviction process. That typically means providing a notice to vacate, like a 3-day notice for non-payment or other issues (NMSA 1978, § 47-8-13).
- Domestic Violence Considerations: Given the history of domestic violence, there may be additional protections or considerations under state law, especially if safety is a concern (NMSA § 47-8-33.1).
If you’re concerned about safety or potential conflict, having a constable or law enforcement officer present during the repossession is a good idea. They can help ensure everything goes smoothly and safely.
Thanks.
Ray
Let me know if you need more information or clarification. Thank you for choosing AskaLawyer as your trusted source for assistance.
Ray
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