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Supreme Court halts eviction orders in landlord-tenant cases

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SANTA FE – The state Supreme Court today ordered a temporary moratorium on evictions for inability to pay rent during the COVID-19 public health emergency.

Under the Court’s order, judges will stay the execution of writs of restitution that property owners can obtain and give to law enforcement to force the removal of a tenant. Tenants will need to provide the court with evidence of their current inability to pay their rent.

“New Mexicans are struggling financially as workplaces close because of the public health emergency,” said Chief Justice Judith K. Nakamura. “The Court’s order will provide temporary relief for families and individuals facing the possibly of losing their housing at a time when the governor and public health officials have ordered New Mexicans to remain at home to prevent the spread of COVID-19.”

The Court’s order is the latest restriction and precautionary measure imposed on operations of state courts to protect public safety and safeguard the health of New Mexicans. Other measures provide New Mexican additional time to pay fines and fees, require the use of audio and video teleconferencing for court proceedings that need to continue and allow self-represented litigants to submit case filings to local courts by email and fax to help them avoid courthouse visits.

For more information about COVID-19 updates and the courts, please visit the NM Courts website.