A New Mexico eviction notice is the initial step for landlords aiming to evict a tenant. This notice aligns with state regulations, allowing tenants the mandated duration to address the situation or vacate the property.
By Type
Eviction Laws & Requirements
- Grace period for late rent payment: 3 days (§ 47-8-33).
- Notice for non-compliance: 7 days (§ 47-8-33).
- Lease termination for a month-to-month rental: 30 days (§ 47-8-37).
- Lease termination for week-to-week rent: 7 days (§ 47-8-37).
- Action for possession by owner: § 47-8-40.
- Issuance of summons: § 47-8-43.
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 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 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
- 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.
You can access civil forms here.