REMOVAL OF UNLAWFUL OCCUPANTS

SB 359 establishes a new process for New Mexico property owners to remove unlawful occupants (trespassers) from residential properties. Property owners or their agents must submit a verified complaint form to the sheriff detailing specific conditions, such as the occupant entering without permission and not being a tenant or family member. The sheriff verifies the complaint, serves a notice to vacate (via hand delivery or posting), and may assist in removal, after which the owner can change locks and remove belongings (with a fee for law enforcement standby). The bill also creates a legal cause of action for individuals wrongfully removed and amends criminal damage to property laws.