No particular phrasing is required for the notification specified in Section 9 [56-15-9 NMSA 1978] of the Uniform Assignment of Rents Act. However, the following form of notification, when properly completed, is sufficient to satisfy the requirements of that section:
Terms Used In New Mexico Statutes 56-15-10
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
“NOTIFICATION TO PAY RENTS TO PERSON OTHER THAN LANDLORD Tenant:
[Name of Tenant] Property Occupied by Tenant (the “Premises”):
[Name of Landlord] Assignee:
[Name of Assignee] Address and Telephone Number of Assignee:
[Address of Assignee] 1. The Assignee named above has become the person entitled to collect your rents on the Premises listed above pursuant to [name of document] (the “Assignment of Rents”) dated , and recorded at [recording data] in the office of the county clerk of the following county or counties:
. You may obtain additional information about the Assignment of Rents and the Assignee’s right to enforce it at the address listed above.
2. The Landlord is in default pursuant to the Assignment of Rents. Pursuant to the Assignment of Rents, the Assignee is entitled to collect rents from the Premises.
3. This notification affects your rights and obligations pursuant to the agreement pursuant to which you occupy the Premises (your “Agreement”). In order to provide you with an opportunity to consult with a lawyer, if your next scheduled rental payment is due within thirty days after you receive this notification, neither the Assignee nor the Landlord can hold you in default pursuant to your Agreement for nonpayment of that rental payment until ten days after the due date of that payment or thirty days following the date you receive this notification, whichever occurs first. You may consult a lawyer at your expense concerning your rights and obligations pursuant to your Agreement and the effect of this notification.
4. You shall pay to the Assignee at the address listed above all rents pursuant to your Agreement that are due and payable on the date you receive this notification and all rents accruing pursuant to your Agreement after you receive this notification. If you pay rents to the Assignee after receiving this notification, the payment will satisfy your rental obligation to the extent of that payment.
5. Unless you occupy the Premises as your primary residence, if you pay any rents to the Landlord after receiving this notification, your payment to the Landlord will not discharge your rental obligation, and the Assignee may hold you liable for that rental obligation notwithstanding your payment to the Landlord.
6. If you have previously received a notification from another person that also holds an assignment of the rents due pursuant to your Agreement, you should continue paying your rents to the person that sent that notification until that person cancels that notification. Once that notification is canceled, you shall begin paying rents to the Assignee in accordance with this notification.
7. Your obligation to pay rents to the Assignee will continue until you receive either: (a) a written order from a court directing you to pay the rent in a manner specified in that order; or
(b) written instructions from the Assignee canceling this notification.
[Name of Assignee] By:
[Officer/Authorized Agent of Assignee]”.