New Mexico Eviction Notice Requirements

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.