If you’re a landlord seeking to evict a tenant, use a New Mexico (NM) eviction notice to begin the process. Your eviction notice must be written according to New Mexico state law, and give your tenant the legally required amount of time to respond or move out.
In New Mexico, eviction lawsuits are governed by Chapter 47, Article 8 of the Uniform Owner-Resident Relations Act of New Mexico.
Eviction notices in New Mexico are also known as:
- New Mexico Notice to Vacate
- New Mexico Notice to Pay Rent or Quit
- New Mexico Notice to Quit
- New Mexico Lease Termination
New Mexico Eviction Notices by Type
Download a free eviction notice customized for New Mexico state law below in MS Word (.docx) or Adobe PDF format.
30-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month-to-month lease, and that they must prepare to leave your property. In New Mexico, landlords must give tenants 30 days’ notice to move out if they’re on a month-to-month lease.
7-Day Notice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if they’ve broken the terms of your lease. In New Mexico, landlords must give tenants seven days’ notice before the eviction process can proceed in court. In that time, tenants have the option to fix (or “cure”) the problem. However, if it’s a repeat violation, landlords may choose to terminate the lease after seven days.
3-Day Notice to Pay Rent or Quit: Use this notice to begin evicting a tenant if they haven’t paid rent on time. In New Mexico, landlords must give tenants three days to pay rent before terminating their lease. If the tenant is still on the property and hasn’t paid the full amount within those three days, landlords can file an eviction lawsuit.
If you wish to send a letter simply reminding your tenant that rent is late (without threat of eviction), use a late rent notice.
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
What is the Eviction Process in 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, then 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. In general, the landlord’s local magistrate court can be used unless the landlord is asking 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 also dismiss the case if the tenant wins at trial.
If the landlord wins at the hearing, then they may work with local law enforcement to have the tenant removed 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 provides information to the tenant about the eviction proceeding, including when the trial will be held.
Answer to petition for restitution: The tenant can respond to the landlord’s petition for restitution by using this form.