Notify tenant of intent to evict in New Mexico: New Mexico Eviction Notice
What we’ll cover
What is a New Mexico Eviction Notice or Notice to Quit?
If you own or manage residential property in New Mexico, you can create a New Mexico Eviction Notice to notify renters of impending legal action if they do not comply with the terms of the lease agreement or leave the property when lawfully asked to do so.
With New Mexico Eviction Notices, you can enforce your terms, while still giving your tenant(s) time to address the issue before a specific deadline. That said, in some instances, there won't be any resolution, and going to court is inevitable.
Our Eviction Notice for New Mexico can be used for residential property within the Land of Enchantment. If rent control or local laws complicate your tenant eviction, you may want to consult a Rocket Legal Pro™.
When to use a New Mexico Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated a provision of the lease or rental agreement.
- Your tenant materially damaged the property.
- Your tenant is a nuisance or has caused trouble among other tenants.
- Your tenant has used the property for illegal activity.
- You wish to end a periodic tenancy (such as month-to-month).
- The lease has expired and the tenant has remained on the property.
Please note: you may never forcibly evict a tenant without going through the formal tenant eviction process.
Sample New Mexico Eviction Notice
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Complies with relevant laws
NOTICE TO PAY RENT
(Uniform Owner-Resident Relations Act)
, New Mexico
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , New Mexico
PLEASE TAKE NOTICE that the tenancy dated
THIS IS INTENDED AS A THREE (3) DAY LEGAL NOTICE FOR FAILURE TO PAY RENT. THIS NOTICE IS IN ACCORDANCE WITH NEW MEXICO STATUTE § 47-8-33(d).
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF NEW MEXICO INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
Dated:
By:______________________________
| , , |
About Eviction Notices in New Mexico
Learn about how to notify tenant of intent to evict in New Mexico
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Different types and reasons for evictions in New Mexico
REASON FOR EVICTION
TYPE OF NOTICE
NUMBER OF DAYS FOR NOTICE
LAWS
Nonpayment of rent
“New Mexico Notice to Pay Rent”
3 days’ notice
New Mexico Statutes §§ 47-8-33 and 47-8-37
Violation of lease or rental agreement
“New Mexico Notice to Comply”
7 days’ notice
New Mexico Statutes §§ 47-8-33 and 47-8-37
Termination of weekly periodic tenancy
“New Mexico Notice to Terminate Tenancy”
7 days’ notice
New Mexico Statutes §§ 47-8-33 and 47-8-37
Termination of monthly periodic tenancy
“New Mexico Notice to Terminate Tenancy”
30 days’ notice
New Mexico Statutes §§ 47-8-33 and 47-8-37
Lease holdover
“New Mexico Notice to Vacate”
Immediate
New Mexico Statutes §§ 47-8-33 and 47-8-37
Regardless of the type of notice you need, we can help you build it. Get started now!
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Requirements, liabilities, and tenant protection for evictions in New Mexico
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONPAYMENT OF RENT
If the tenant doesn't pay rent on time and doesn't pay within three days after the landlord gives them a notice that they'll end the lease, the landlord may end the lease. The tenant must give back the place right away. However, if the tenant pays all the rent owed in the way the notice says before the three days are up, the landlord can't take any action against them for not paying rent. (N.M. Stat. Ann. § 47-8-33(D))
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONCOMPLIANCE
If the tenant doesn't follow the rules listed in N.M. Stat. Ann. § 47-8-22 (obligations of the tenant), therefore affecting health and safety, or if they break the lease or any other agreement right at the start, the landlord shall give them a notice. This notice must say what rule they broke and that they have seven days to fix it. However, if they commit another breach after that, they will not have the right to fix it.
If the tenant or someone they allow commits a substantial violation on the property, the landlord must give them a notice saying what happened and that the lease will terminate in at least three days. (N.M. Stat. Ann. § 47-8-33)
NOTICE REQUIREMENTS AND LANDLORD LIABILITY REGARDING PERSONAL PROPERTY
If a tenant abandons the property, the landlord must store their belongings for at least 30 days and notify them before disposing of it. If the tenant leaves voluntarily, the landlord must store their belongings for at least 14 days and allow the tenant to retrieve them. If the tenant is evicted by a court order, the landlord only has to keep their belongings for three days after the eviction. (N.M. Stat. Ann. § 47-8-34.1)
TENANT PROTECTION REGARDING FORECLOSURES
No statute.
MORE RELEVANT LAWS
N.M. Stat. Ann. §§ 35-10-1 through 35-10-6; N.M. Stat. Ann. § 47-8-22; N.M. Stat. Ann. § 47-8-33; N.M. Stat. Ann. § 47-8-34.1; N.M. Stat. Ann. §§ 47-8-39 through 47-8-52.
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How to write a New Mexico Eviction Notice
Below is a list of details you may need when preparing a New Mexico Eviction Notice. Not all items will apply to every situation. Any documents related to the rental agreement, lease violation, including any late rent notices or proof of lease violation, will also be helpful.
1. Start with the rental addresses
Addresses of the rental property and landlord or property management company.
2. List all tenant names
Every tenant listed on the Lease Agreement, pays rent, or lives there must be included in the notice.
3. Include the status and date of the Lease Agreement
Whether the lease is still active or not, or if there is a lease at all.
4. Detail the reason that the notice is being served
Landlords should always refer to state laws regarding evictions to make sure they have a legally valid reason to evict a tenant. The reason for the eviction will determine the type of notice being delivered.
Review each provision in the lease or rental agreement. If you are evicting tenants for unpaid rent, determine the amount of unpaid rent, if any. If you are evicting tenants for lease violations, determine violations of the lease or rental agreement, if any. Including documentation and the original lease agreement is also a good idea.
Remember, you will need to confirm that any policies and terms referred to in the Eviction Notice are actually present in the fully executed rental contract or lease agreement.
5. Provide the number of days for the notice period
The Eviction Notice should clearly spell out how much time the tenant has to resolve the situation before further legal action is taken. Rocket Lawyer can help you determine how much notice is required for your state and situation and build the right type of Eviction Notice.
6. Attach the proof of service
When using a proof of service to document the delivery of an Eviction Notice, the serving party should sign the document at the time of delivery. In New Mexico, this is often called an Affidavit of Service.
Luckily, you don't need to start from scratch when making a New Mexico Eviction Notice with Rocket Lawyer. Just answer a few simple questions and we’ll build the right eviction notice for the situation, as well as help with next steps on how to serve your Eviction Notice.
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The eviction process in New Mexico: what happens after making an Eviction Notice?
Now that you have made your New Mexico Eviction Notice with Rocket Lawyer, you might be wondering: what now?
The next step is to serve it. You must sign the notice before serving it on the tenant(s) – and there are a few methods for serving the notice:
- Use a professional process server.
- Send it by certified mail.
- Deliver it in person.
Please remember that "self-help" or "DIY" evictions are illegal in New Mexico. Landlords shouldn't throw out belongings, shut off utilities, change the locks, or in any way attempt to intimidate tenants in an effort to force them to move. Taking the appropriate lawful actions before and throughout the eviction process is critical to removing tenants successfully under a court order.
What happens after the notice period?
If a tenant does not pay rent or move out after the notice period, the landlord can choose to file an eviction lawsuit, also known as a Petition for Writ of Restitution.
What are some essentials throughout the eviction process?
As you prepare to file for an eviction, it is always a good idea to work with a lawyer. An attorney with experience in evictions can answer your questions and help make sure you follow local laws and processes. Also, outside of reviewing your Eviction Notice document, your lawyer can help you prepare and argue your case once it goes in front of a judge.
In order to assemble all of your records for your lawyer, you may want to fill out an Eviction Process Worksheet. This document provides basic information about your tenant and their violation(s) of your rental agreement. You can also attach documentation, including a copy of the lease, photographs of the damage, repair estimates, written statements of witnesses, police reports, and other records to support your case.
If you need to move forward with legal action after delivering the Eviction Notice, you will need to file your lawsuit properly with the local courts. The New Mexico website can tell you which documents you will need to file and what the fees might be – or you can ask a lawyer to get started and find an attorney in your state. A local lawyer with experience in evictions can help you navigate the process efficiently.
New Mexico Eviction Notice FAQs
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Do I need an Eviction Notice in New Mexico?
Generally speaking, yes, if you wish to remove a tenant from your New Mexico rental property, you must always provide them with a Notice of Eviction first to start the process.
Some of the most common situations in which you might need one include:
- The tenant is habitually late to pay their rent or they are behind on payments.
- The tenant has caused substantial damage.
- The tenant harasses or disturbs the quiet enjoyment of their neighbors.
- The tenant is using your property for an illegal business.
- The tenant gets a dog or cat and the rental contract forbids pets.
- The tenant sublets their unit in breach of the agreement.
Outside of these violations, a renter may also be evicted for reasons unrelated to anything they’ve done wrong – like when the property owner needs to move back in.
Please note that the list above isn't exhaustive and that the acceptable reasons for evicting a tenant may be a little different from place to place. If you've got any concerns about New Mexico eviction laws, reach out to a Rocket Legal Pro™.
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Do I need a lawyer if I am evicting someone in New Mexico?
While you can choose to make a New Mexico Eviction Notice without support from a lawyer, many landlords find having a lawyer available for questions and consultations extremely helpful.
A Rocket Legal Pro™ with experience in landlord-tenant matters can help you with evictions, or any other issues that may arise. A Rocket Legal+ membership provides significant discounts on Pro Services, including attorney consultations, and unlimited customizable and e-signable rental documents, at an incredibly low price.
As a property owner or manager, you can be confident that Rocket Lawyer is by your side.
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How do New Mexico eviction laws affect me as a rental property owner?
Laws change depending on where you (and your property) are. The notice periods in New Mexico, for example, might be different from the ones in other states – in fact, there might even be differences between counties and cities. All the ways the document may be served to the tenant also vary.
This is all to say that the eviction process and restrictions can be complicated to navigate, particularly when keeping in mind state-specific requirements. As a result, it is strongly recommended that every property owner connect with a lawyer when making a Notice of Eviction in New Mexico - or anywhere else - to any tenant.
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How do I create a New Mexico Eviction Notice template for free?
Don’t worry – you don’t have to make it all on your own: you can use the document tools on Rocket Lawyer to make a New Mexico Eviction Notice for free. All you have to do is answer a few simple questions and we will put together a customized notice for you, piece by piece, and with all the details customized to your situation. This is often much less time-consuming than other solutions.
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How is a New Mexico Notice to Vacate structured?
That might change a little depending on the type of Eviction Notice you may need. However, some information must always be provided. Before getting started, you might want to gather the following critical details:
- The address and description of the property.
- The renter's contact information.
- How many past due rent payments should be made (if any) to bring the tenant into compliance with the lease or rental agreement.
- Which of the lease clauses have been violated (and a copy of the Lease Agreement, in this case).
- How much time the tenant has to resolve the situation.
In the event that the tenant isn't at fault, you may want to provide more context. Further customization is permitted as well. You'll need to confirm that all of the policies and terms mentioned in the New Mexico Eviction Notice are present in the fully executed rental contract.
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How much might it normally cost to evict a tenant in New Mexico?
The cost of an eviction varies widely depending on your location and the specifics of the situation. Some things to consider are the cost of filing court documents, legal fees, the value of unrecovered payments, storage or cleaning fees, as well as the money and time spent finding a replacement tenant.
A Rocket Legal+ membership provides savings for some of these expenses, including unlimited customizable and e-signable rental documents, significant discounts on Pro Services, and ongoing support for your rental property business.
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How long does it take to complete the New Mexico eviction process from beginning to end?
The duration of the eviction process for New Mexico tenants will usually depend on the notice period required, as well as the lawsuit period if you proceed with one.
Below, you'll find a basic explanation of New Mexico notice periods to get you started:
- Rent-related: 3-day notice.
- Non-compliance with rental contract: 7-day notice.
- No fault of the tenant: 30-day notice.
If the tenant decides to leave before the notice period ends - which is common - the process actually becomes a lot shorter.
If that doesn’t happen, when your notice period is over, the actual eviction may take anywhere from 2 to 7 weeks. Please note that with certain kinds of housing, for instance where rent is subsidized, the mandated notice period is often even longer.
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What are my next steps after I have made an Eviction Notice/Notice to Quit in New Mexico?
After making a New Mexico Eviction Notice, the next step is to serve it. You may read more about the eviction process in New Mexico and everything that follows here.
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What happens after the given notice period is over in New Mexico?
If a tenant does not pay rent after being given a notice, the landlord can choose to file an eviction lawsuit, also known as a Petition for Writ of Restitution.
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