Understanding Eviction Notices in Mexico
Before beginning an eviction lawsuit, New Mexico landlords must provide tenants with a written notice. The kind of notice depends on the issue, whether late rent, broken lease terms, or ending a rental agreement.
Our document editor walks you through creating a legally sound New Mexico eviction notice. Download the finished document as a PDF or Word file.
Types of Eviction Notices in New Mexico
New Mexico specifies different notice requirements based on whether the eviction is due to a lease violation, non-payment of rent, or a desire to end a month-to-month tenancy.
3-Day Notice to Pay Rent or Quit
Issue this form to notify tenants that they have three days to pay the overdue rent or vacate the property per § 47-8-33(D). This notice is the first step in the eviction process. It must clearly state the amount of rent due and the deadline for payment.
If the tenant pays the full amount within the three-day period, the tenancy can continue. However, failure to pay or vacate can lead to further legal action by the landlord, including court proceedings for eviction.
3-Day Notice to Pay Rent or Quit
Landlords must give tenants three days to pay rent before terminating their lease.
7-Day Notice to Quit for Non-Compliance
This form lets you inform a tenant of a lease violation, detailing the specific nature of their breach. It records acts that jeopardize health and safety or contravene the rental agreement.
Per § 47-8-33(A), this notice gives the tenant seven days to remedy the issue for the first violation, allowing them to retain tenancy if corrected. However, upon a second violation, the tenant cannot rectify the breach and must vacate within seven days. Failure to comply may lead to legal proceedings for eviction.
7-Day Notice to Quit for Non-Compliance
Evict a tenant if they broke a material term of the lease.
30-Day Notice Lease Termination
Inform a tenant that you wish to end a month-to-month lease agreement. To comply with the requirements in § 47-8-37, this notice should be given at least thirty days before the next rental payment date.
30-Day Notice Lease Termination
Let a tenant know that you're ending a month to month lease.
How to Evict a Tenant in New Mexico
In New Mexico, eviction lawsuits are governed by Chapter 47, Article 8 of the Uniform Owner-Resident Relations Act of New Mexico.
Step 1: Serve an Eviction Notice on the Tenant
Landlords must serve the tenant the appropriate notice based on the rationale for the eviction. If the tenant fails to pay the late rent or address the lease violation, the landlord can move the eviction process to court.
Step 2: File an Eviction Lawsuit With Either the District Court or Magistrate Court
The landlord must choose the appropriate court to file the eviction. The action for possession they’d bring would fall under § 47-8-40. It can be for an unauthorized occupant, failure to pay rent, or a lease violation.
The landlord’s local magistrate court can generally be used unless the landlord asks for damages above the magistrate court’s limits of $10,000.
Step 3: Tenant Answers the Complaint and Summons
The court issues a summons for the tenant to appear under § 47-8-43. The tenant challenges the eviction by answering the complaint. They do that by appearing at the hearing or filing an answer. It’s a good idea for tenants to file an answer when attempting to defend themselves against eviction.
Step 4: Appear at the Hearing
The landlord and the tenant can tell their sides of the situation at the eviction hearing. The judge will then decide whether a judgment in favor of the landlord is appropriate. Alternatively, the judge could dismiss the case if the tenant wins the trial.
If the landlord wins at the hearing, they may work with local law enforcement to remove the tenant from the property.
Related New Mexico Court Forms
You can access the following civil forms here:
- Petition by owner for restitution: This form starts the formal eviction process in court. The landlord files this form with the court to provide information regarding the breach of the rental agreement.
- Summons and notice of trial: This form informs the tenant about the eviction proceeding, including when the trial will be held.
- Answer to petition for restitution: Using this form, the tenant can respond to the landlord’s petition for restitution.
