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.