If you are a landlord, an eviction notice is an essential legal instrument you need to prepare with care. Customize your own New Mexico eviction notice with our step-by-step template designer.
Last Update January 26th, 2023
- New Mexico Eviction Notice Types
- New Mexico Eviction Laws
- New Mexico Eviction Process
- Eviction Notice Sample
- FAQs About New Mexico Eviction Notices
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New Mexico Eviction Notice Types
It’s necessary to provide the correct type of New Mexico eviction notice to the tenant you’re removing from your property. If you don’t, the eviction could be overturned or take significantly longer to complete.
You must give your tenant the precise legal document for the situation, detailing a valid legal reason for the eviction under NM statutes. This will also affect how long you must give the resident as notice before they have to leave the property.
As seen below, there are a few different options in New Mexico when completing an eviction.
3-Day Notice to Quit (Non-Payment)
This type of eviction notice gives tenants 3 days to pay the rent or leave the property (§ 47-8-33(D)) if they fail to pay within the contractually agreed time. If the tenant still doesn’t pay or vacate after the notice period ends, the landlord can take them to court.
7-Day Notice to Quit (Non-Compliance)
In the case of a lease violation, the landlord may issue a 7-Day Notice to Quit for Non-Compliance (§ 47-8-33(A)). This will give the tenant 7 days to correct the breach before they will be obliged to leave the property.
However, unconditional 7-Day Non-Compliance notices can be issued too for more serious offenses (§ 47-8-33(I)) or if a second offense occurs within 6 months of the first (§ 47-8-33(B)). These don’t give the tenant any chance to correct their breach of the lease.
30-Day Notice to Quit (Month-to-Month)
When a landlord wants to end a tenancy that is paid for on a flexible monthly basis, they must provide 30 days’ notice of their intention to terminate the agreement (§ 47-8-37). This is an unconditional order with no rights to cure.
New Mexico Eviction Laws
Your New Mexico eviction notice must follow the state’s rental property laws, in order to be valid. There are a number of important requirements that are obligatory when proceeding with the eviction of a rental tenant.
An eviction in New Mexico may only happen in the case of:
Nonpayment of rent: 3 days’ notice (§ 47-8-33(D))
Lease violations: 7 days’ notice (§ 47-8-33(A))
Illegal activity: 3 days’ notice (§ 47-8-33(I))
Substantial property damage: 3 days’ notice (§ 47-8-33(I))
Termination of a lease: 30 days’ notice (§ 47-8-37)
The New Mexico eviction notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property and tenant. It must also clearly explain the reason the landlord wishes to terminate the lease and how long the resident has to comply with the notice.
New Mexico Eviction Process
The New Mexico eviction process must be followed precisely to ensure that the tenant is legally removed from the property. Therefore, the landlord must take the correct steps and follow the right procedures, as detailed by NM state law. To correctly complete an eviction in New Mexico, the landlord must do the following:
Step 1: Serve the tenant with a written statement giving a legally valid reason for the eviction and the correct amount of days’ notice for them to comply.
Step 2: If the tenant does not comply with the eviction notice, the landlord can file for Unlawful Detainer with a local Magistrate Court and a summons will be served.
Step 3: The tenant and landlord can make their case in court. The presiding judge can then decide whether the eviction can proceed or not.
Step 4: If the judge rules in the landlord’s favor and the tenant still refuses to vacate, the owner may process a Writ of Restitution with the court clerk.
Step 5: When the Writ of Restitution has been processed, the landlord may file the document with the county sheriff. The tenant will then have 24 hours to leave before being forcibly evicted.
Eviction Notice Sample
When you prepare your own New Mexico eviction notice, it can be hard to have a clear idea of what the final document will look like. If you need a little extra guidance on how your legal document will appear, simply review our eviction notice sample below.
FAQs About New Mexico Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about New Mexico’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in New Mexico?
To successfully evict a tenant in New Mexico state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days to comply and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location and mailed.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a Magistrate Court for Unlawful Detainer. If the judge rules in their favor, they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How to File for Eviction in New Mexico
If a tenant doesn’t comply after being served with a legally valid New Mexico eviction notice, it will be necessary to file an Unlawful Detainer case against them. To do this, the landlord will need to visit their local NM Magistrate Court, file the case with the clerk of the court, and provide the following evidence:
A copy of the lease agreement
The eviction notice that has been served (including proof of service)
Proof of any violations such as photographs, police reports, or receipts
Any witnessing parties to the violations
How Long Does It Take to Evict a Tenant in New Mexico?
In many cases, a New Mexico eviction can be completed in a couple of weeks. Once the eviction notice is served, the tenant will have between 3 - 30 days to vacate. If they comply, then the process will be over as soon as the notice period ends.
However, serving the eviction notice incorrectly can lead to delays in the process. Also, if the tenant refuses to vacate, eviction procedures can take somewhat longer. To go through the court process can take up to 2 months, depending on how busy the district or housing court system is at the time.