Don’t Invite Strangers to Spend the Night. (Unintended Consequences of Sleepovers)

Believe it or not I get a lot of calls about guests that have overstayed their welcome. You know the type: A friend needs a place to stay for a day or two; or a partner needs a few nights at your place because they are getting work done at their house; or you no longer want your boyfriend to be your boyfriend anymore but they have all their stuff at your house; or your spouse’s adult children are still living at your home but are causing all kinds of problems; or your mom asks to spend the night because she got evicted  but she never leaves; or you are kind-hearted and allow a homeless person to spend the night on your couch for just one night but they don’t want to leave.

What do you do in these situations?

Glad you asked.

In New Mexico the law does not consider any of these people to be tenants. They are guests who have stayed longer than you ever intended. You could just call law enforcement and ask to have the “guests” removed. Sometimes that still works. More often these days law enforcement usually will not just kick someone out of your house. Thery will more often tell you it is a “civil matter”, meaning you have to go to court. You may learn the new vocabulary words “forcible entry” or “unlawful detainer.” Many of the fun details are in the New Mexico statute NMSA 35-10-3

Please know that the facts are not always the same in every situation and the application of the law can be different so don’t hesitate to call us to get the best legal advice.

By Ingrid Carlin Attorney for Access to Justice