What is a New Mexico Eviction Notice or Notice to Quit?
When to use a New Mexico Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated any provision of the lease or rental agreement.
- The lease or rental agreement has expired and the tenant has remained on the property.
- You want to terminate a month-to-month tenancy.Please Note:
- You may never forcibly evict a tenant without going through the formal tenant eviction process.
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.
New Mexico Eviction Notice FAQs
Can I legally evict tenants for nonpayment of rent in New Mexico?
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.
Why would a property owner use an Eviction Notice in New Mexico?
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:
- The tenant has fallen behind on rent payments or they are habitually late
- The tenant has caused substantial damage to the unit
- The tenant disturbs the quiet enjoyment of their neighbors
- The tenant is using their unit illicitly
- The tenant violates your animal policy
- The tenant sublets your property in breach of the agreement
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.
How is a New Mexico Notice to Vacate structured?
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:
- The location and description of your property
- The legal name of each lessee
- How many rent payments are late (if any)
- Which of the terms in the lease have not been upheld
- What the duration of the notice period will be
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.
How do New Mexico eviction laws impact me as a property owner?
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.
Can I get a New Mexico Eviction Notice form online?
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.
How much would it normally cost me to evict a tenant in New Mexico?
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.
How much time does it take to complete the New Mexico eviction process from beginning to end?
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:
- Rent-related: 3-day notice
- Non-compliance with rental contract: 7-day notice
- No fault of the tenant: 30-day notice
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.
Do I need to hire a lawyer if I am evicting someone in New Mexico?
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 Rocket Lawyer attorney network. With a Premium membership, you have the ability to request a document review from an Rocket Lawyer network attorney with experience in landlord-tenant matters or pose other legal questions about your NM Eviction Notice. We are here to support you.
Would I have to take additional actions once I create a Notice of Eviction/Notice to Quit in New Mexico?
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:
- Use a professional process server
- Send it by certified mail
- Deliver it in person
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.