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Making a New Mexico Eviction Notice
A New Mexico Eviction Notice is often prepared by landlords and property managers to inform renters of future legal action if they are not able to pay their past-due rent, comply with the agreed-upon terms and conditions of the rental contract that they signed, or move out. Creating this essential notice may help to re-set expectations with the tenant and get the rental arrangement back in good standing. With that in mind, in certain cases, there will be no solution, and filing with the court is inevitable. Suited for every type of residential property, this Eviction Notice for New Mexico can be used by any landlord with tenants in Rio Rancho, Las Cruces, Albuquerque, and in all of the other cities throughout the Land of Enchantment.
In general, yes, and you may draft a New Mexico Eviction Notice (specifically called a 3-Day Notice to Pay Rent or Quit) to begin the process. That said, as a result of the pandemic, some protections have been put in place for tenants who have not been able to pay rent. While the ban on eviction was struck down by the Supreme Court at the federal level, the state and municipal governments in New Mexico are able to create and enforce their own guidelines for evictions. Check out the ask a local lawyer, if you are still unsure.
If you plan to legally evict a tenant, you should always serve a Notice of Eviction as a first step. Here are a few common situations in which you might need one:
In addition to these violations, tenants generally can be evicted by a landlord due to reasons that are not related to their conduct, such as when the owner plans to move in. Please keep in mind the list shown above is not fully exhaustive and the legally permitted reasons for tenant eviction may change from town to town. If you have any questions about New Mexico eviction laws, ask an attorney.
You can tap or click on the button that says "Make document" to take a closer look at the New Mexico Eviction Notice sample and preview the questions that you'll need to answer to create your eviction letter. The specific details to cover are:
In the event that the tenant is not at fault for the eviction, you may want to add more context. Further alterations are allowed, if needed. You will want to make sure that the policies and terms that you reference are actually spelled out in the fully signed rental contract.
Laws are continually evolving and the eviction process and restrictions can be quite complicated. In some instances, there may be different notice periods or other requirements depending on how long the tenant has occupied the property and the reason for eviction. Consequently, it's highly recommended that all landlords connect with a local eviction lawyer before serving a Notice of Eviction on any tenant in New Mexico.
New Mexico Eviction Notice Laws: N.M. Stat. Ann. § 47-8-33(D)
With Rocket Lawyer, your New Mexico Eviction Notice will be tailored to you and your specific needs. Simply tap or click the button labeled "Make document" and respond to a few questions. This route is often much more affordable than hiring the average attorney.
The fees associated with hiring your average lawyer to write a Notice of Eviction might total hundreds of dollars or thousands. Rocket Lawyer is not your average eviction template website. With our service, any landlord or property manager under a Premium membership has access to up to 40% in savings when hiring an attorney. If you wish to know the full cost of eviction, you'll need to take into consideration the cost of filing court documents, legal fees, the value of unrecovered rent payments, storage or cleaning fees, and finally, the money and time spent on finding replacement tenants.
The duration of the eviction process for New Mexico is determined in part by the notice period required, in addition to the total volume of cases that are occurring simultaneously. Below, you'll find a generalized overview of New Mexico notice periods:
Following your pre-defined notice period, an eviction can take 2 to 7 weeks. It is important to note that with particular types of housing, for instance where the rent is subsidized, the mandatory notice period may be even longer.
While it is feasible to make a Notice to Vacate without support, most landlords who go to court have a lawyer. Depending on whom you ask, some lawyers won't even agree to review your document if they didn't draft it. A better approach to consider is to request help from the On Call network of attorneys. With a Premium membership, you have the ability to request a document review from an On Call attorney with experience in landlord-tenant matters or pose other legal questions about your NM Eviction Notice. We are here to support you.
Upon finishing your New Mexico Eviction Notice, you'll be able to access it anytime, on any device. With a membership, you can make edits, make a copy, download it as a Word or PDF file, or print it as necessary. You will need to sign the notice before serving it on the tenant(s). You have a few different options for serving a notice:
As a reminder, "self-help" evictions are illegal in New Mexico. Landlords must not padlock the doors, remove belongings, turn off utilities and services, or in any way threaten their tenants in an effort to make them move. Taking the appropriate lawful actions leading up to and throughout the eviction proceedings will put you in the best position to remove tenants successfully with a final judgment from the court.