New Mexico Eviction Notice Templates (4)

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A New Mexico eviction notice is a document that landlords serve on tenants to inform them that their lease is terminated and legal action will be pursued if they don’t comply by the required date. The notice relays the reason for the eviction, the number of days the tenant has to move out, and whether they can retain their lease by correcting their non-compliance.

New Mexico Eviction Notice Templates (4)

A New Mexico eviction notice is a document that landlords serve on tenants to inform them that their lease is terminated and legal action will be pursued if they don’t comply by the required date. The notice relays the reason for the eviction, the number of days the tenant has to move out, and whether they can retain their lease by correcting their non-compliance.

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Last updated September 11th, 2024

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A New Mexico eviction notice is a document that landlords serve on tenants to inform them that their lease is terminated and legal action will be pursued if they don’t comply by the required date. The notice relays the reason for the eviction, the number of days the tenant has to move out, and whether they can retain their lease by correcting their non-compliance.

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Eviction Notices: By Type (4)

3-Day Notice to Quit | Non-Payment – Given to a tenant who has not paid their rent to inform them that they have three days to pay the amount owed or vacate their rental unit.

 

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7-Day Notice to Quit | Lease Violation – Used when a tenant has broken the terms of their lease. For first-time notices, the tenant may fix their violations in the seven-day notice period to avoid eviction.

 

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30-Day Notice to Quit | Month-to-Month Lease –  Terminates a month-to-month tenancy with 30 days’ notice.

 

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3-Day Notice to Quit | Substantial Violation of Lease – For serious lease violations and illegal activity, the tenant is given no opportunity for recourse and must move out within three days.

 

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Notice Requirements

    • Grace Period for Rent – Not mentioned in state statutes.
    • Non-Payment of Rent – 3 days.[1]
    • Lease Non-Compliance – 7 days.[2]
    • Periodic Tenancy Termination – 30 days.[3]
    • Substantial Lease Violation – 3 days.[4]

How to Evict a Tenant in New Mexico

Step 1 – Download and Complete a Notice to Quit

To begin the eviction process, the landlord must draft a written notice explaining the reason the tenant is being evicted and the number of days they have to comply before legal action is taken.

Step 2 – Deliver the Notice to the Tenant

The Notice to Quit must be delivered to the tenant by hand, posted on the property, or sent by mail. After the notice is served, the landlord will need to fill out and sign the service portion of their copy.

Step 3 – File the Lawsuit

In the event that the tenant fails to comply with the notice to quit, the landlord can begin an eviction lawsuit to have them removed. To open a case, the landlord must complete a Petition by Owner for Restitution, attach the expired Notice(s) to Quit, and file them with the Clerk’s Office of the District Court or Magistrate Court associated with the property’s location.

The Clerk will prepare a Service Packet for the landlord that includes the trial date, the Petition, an Answer to Petition for Restitution form, and Summons and Notice of Trial.

Step 4 – Serve the Tenant

After receiving the Service Packet from the Clerk of the Court, the landlord must arrange to have it delivered to the tenant at least seven days before the trial date. Service must be completed by the County Sheriff, a private process server, or an adult who is not involved with the case.

When delivering the Service Packet, it must be given directly to the tenant or a household member who is at least 15 or posted on the premises and with an additional copy sent by certified mail. The server must also complete the Return of Service portion of the Summons and have it signed by a Notary Public before filing it with the Clerk’s Office.

Step 5 – Defendant’s Response

If the tenant chooses to contest the landlord’s petition, they will need to fill out the Answer to Petition for Restitution and file it with the court before the deadline indicated in the Summons (or the trial date, whichever is sooner).

Step 6 – Attend Trial

On the date of the trial, both parties will present their case and the Judge will make a judgment. After making their ruling, the Judge will sign a Judgment for Restitution in the prevailing party’s favor.

In the event that either party does not appear in court, the court will most likely rule in favor of the person in attendance. If the landlord prevails, the Judge will enter an eviction date in their Judgment.

Step 7 – Writ of Restitution

If the tenant does not vacate the rental property by the eviction date, the landlord can request a Writ of Restitution from the Court Clerk. Once obtained, this form must be given to the County Sheriff who will complete the eviction process by serving the Writ and, if necessary, physically remove the tenant.

Sources

    1. § 47-8-33(D)
    2. § 47-8-33(A)
    3. § 47-8-37(B)
    4. § 47-8-33(I)