If the rental agreement is terminated, the owner is entitled to possession and may have a claim for rent and a separate claim for damages for breach of the rental agreement and reasonable attorney's fees as provided in Subsection C of Section 33 [47-8-33 NMSA 1978] of the Uniform Owner-Resident Relations Act.
History: 1953 Comp., § 70-7-35, enacted by Laws 1975, ch. 38, § 35.
ANNOTATIONSCompiler's notes. — The reference to Subsection C of 47-8-33 NMSA 1978 was a reference to former Subsection C and should now be a reference to Subsection F following the 1995 amendment to that section. Effective July 1, 1995, attorney's fees are no longer authorized by that section. See 47-8-48 NMSA 1978 for payment of attorney's fees to the prevailing party in a suit brought to enforce the terms and conditions of a rental agreement or the provisions of the Uniform Owner-Resident Relations Act.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 49 Am. Jur. 2d Landlord and Tenant § 786 et seq.
What constitutes willfulness or malice justifying landlord's collection of statutory multiple damages for tenant's wrongful retention of possession, 7 A.L.R.4th 589.
What constitutes tenant's holding over of leased premises, 13 A.L.R.5th 169.
52 C.J.S. Landlord and Tenant § 568.