New Mexico Eviction Notice Template (NMSA § 47-8-33)
Before a landlord can file an eviction case, most states require a written notice that tells the tenant what is wrong and how long they have to fix it or move out. Answer the questions below to create a clear, professional notice — then check it against your state and local rules before you serve it.
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Free to preview[Landlord or property manager name]
[Your address and phone for the tenant to reach you]
October 15, 2026
To: [Tenant name(s)]
and all other occupants of
[Rental property address]
Re: [Type of notice] — [Rental property address]
Dear [Tenant name(s)],
This letter is formal written notice to you as the tenant of the property at [Rental property address]. Type of notice: [Type of notice].
The reason for this notice is as follows:
[Reason for this notice]
Within [Notice period in days] days after this notice is delivered to you, you must [What the tenant must do within that time]. If this notice is delivered to you on October 15, 2026, that period ends on October 15, 2026.
This notice is given under the New Mexico Uniform Owner-Resident Relations Act, NMSA 1978 § 47-8-33, which requires written notice to the resident before the owner may terminate the rental agreement.
If you do not do so within that time, I intend to file an eviction case with the court to recover possession of the property. You will have the opportunity to respond in court, and you may not be removed from the property unless a court orders it. I will not remove you or your belongings or change the locks without a court order.
If you have questions about this notice, or wish to discuss payment or resolving the issue, please contact me in writing at the address above.
Sincerely,
[Landlord or property manager name]
Date this notice was delivered: ____________________
Method of delivery: ____________________
Delivered by: ____________________
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How eviction notices work in New Mexico
Under New Mexico's Uniform Owner-Resident Relations Act, an owner may end a rental agreement for unpaid rent if the resident does not pay within 3 days after written notice. For a lease violation that can be fixed, the notice gives the resident 7 days to correct it. Substantial violations, such as certain serious criminal conduct on or near the premises, allow a 3-day notice with no right to cure. A month-to-month tenancy ends with at least 30 days' written notice.
The notice must be in writing and should state the amount of rent owed or describe the violation, the deadline, and that the agreement may end if the problem is not corrected. The New Mexico Supreme Court publishes approved notice forms, which can be delivered personally, posted, or mailed, and which tell the resident that they cannot be evicted without a court order. Keep two copies in case they are needed in court.
If the resident does not pay, cure, or move out, the owner can file a petition for restitution in magistrate, metropolitan, or district court. The resident has the chance to appear and respond at a hearing, and is not required to leave before the judge issues an order. New Mexico owners may not remove a resident without a court order, and only a writ of restitution issued after judgment allows removal.
What to do, step by step
Check your state and local rules first
Look up the notice period, required wording and delivery method for your state, county and city. Many places set different periods for unpaid rent, lease violations and ending a tenancy, and some cities add their own just-cause rules.
Fill in the notice
Answer the questions above. Name every adult tenant on the lease, state the facts plainly and enter the exact number of days your rules require.
Serve it the way your state requires
States specify how a notice must be delivered — commonly hand delivery, leaving it with an adult at the home, posting and mailing, or certified mail. A notice served the wrong way may have to be redone.
Record how and when you served it
Write down the date, time, method and who delivered it, and keep a copy of the notice. Courts often ask for this proof of service.
Wait out the full notice period
Don't change the locks, remove belongings or shut off utilities. If the tenant fixes the problem, accept it as your rules require; if not, the next step is filing an eviction case in court.
What if the tenant doesn't respond to the notice?
An eviction notice is not an eviction. It is the written warning most states require before you can go to court. If the notice period ends and the tenant hasn't paid, fixed the violation or moved out, the next step is to file an eviction case — often called an unlawful detainer or summary possession case — with your local court.
Until a judge rules in your favor and a court officer such as a sheriff or marshal carries out the order, the tenant has the right to stay. Changing the locks, removing the tenant's belongings, cutting off utilities or otherwise forcing them out is a so-called self-help eviction, which is illegal in nearly every state and can expose you to damages.
Courts look closely at the notice itself. If the period was too short, the wording missed something your state requires or it was delivered the wrong way, the case can be dismissed and you may have to start over. Your local court's self-help center or a landlord association can tell you what your court expects.
Example New Mexico eviction notice
A filled-in sample with made-up details, so you can see the finished result.
Greenway Rentals LLC
PO Box 2210, Lakeview, MN 55401 · (555) 201-4478
October 5, 2026
To: Taylor Brooks and Jamie Brooks
and all other occupants of
56 Willow St, Unit 3, Lakeview, MN 55402
Re: Notice to pay rent or quit — 56 Willow St, Unit 3, Lakeview, MN 55402
Dear Taylor Brooks and Jamie Brooks,
This letter is formal written notice to you as the tenant of the property at 56 Willow St, Unit 3, Lakeview, MN 55402. Type of notice: Notice to pay rent or quit.
The reason for this notice is as follows:
Rent of $1,450 for the month of September 2026, due on September 1, 2026, has not been paid, despite a reminder sent by email on September 10.
The total amount of rent now due is $1,450.00.
Within 14 days after this notice is delivered to you, you must pay the full amount of rent owed or move out of the property. If this notice is delivered to you on October 5, 2026, that period ends on October 19, 2026.
This notice is given under the New Mexico Uniform Owner-Resident Relations Act, NMSA 1978 § 47-8-33, which requires written notice to the resident before the owner may terminate the rental agreement.
If you do not do so within that time, I intend to file an eviction case with the court to recover possession of the property. You will have the opportunity to respond in court, and you may not be removed from the property unless a court orders it. I will not remove you or your belongings or change the locks without a court order.
If you have questions about this notice, or wish to discuss payment or resolving the issue, please contact me in writing at the address above.
Sincerely,
Greenway Rentals LLC
Date this notice was delivered: ____________________
Method of delivery: ____________________
Delivered by: ____________________
Frequently asked questions
How long does a New Mexico tenant have to pay after a rent notice?
Three days after written notice of nonpayment. The notice should state the total due and the payment methods the owner will accept. If the resident pays the full amount within the 3 days, the owner cannot terminate the rental agreement for that nonpayment.
What notice is required for a lease violation in New Mexico?
A 7-day notice describing the noncompliance. If the resident fixes the problem within 7 days, the agreement continues. A second material noncompliance within six months allows the owner to terminate on a 7-day notice without another chance to cure.
How do I end a month-to-month tenancy in New Mexico?
Either party can end a month-to-month agreement with written notice given at least 30 days before the periodic rental date, so if rent is due on the 1st, notice must be given at least 30 days before the 1st. A week-to-week tenancy requires one week's notice. The owner still needs a court order to remove a resident who stays.
Which New Mexico court handles evictions?
Owners file a petition for restitution in magistrate court, in the Bernalillo County Metropolitan Court, or in district court. The New Mexico courts publish landlord-tenant forms online, and the Supreme Court Law Library publishes a landlord-tenant resource guide.
How much notice do I have to give a tenant?
It depends on your state, sometimes your city, the type of notice and the lease. Periods for unpaid rent can be as short as a few days or as long as a month, and notices ending a month-to-month tenancy are often 30 days or more. Check your state's landlord-tenant law and any local ordinance before serving.
Is an eviction notice the same as being evicted?
No. A notice only starts the process. If the tenant doesn't comply, the landlord must file a case in court and win a judgment. Only a court order, carried out by a sheriff, marshal or similar officer, can legally remove a tenant from the property.
FairLetter is not a law firm and does not provide legal advice. Letters are templates you customize and send yourself.