🌵 New Mexico Eviction Notice Laws
Complete Landlord Guide to New Mexico Eviction Requirements
📋 Updated for • NMSA Chapter 47Last reviewed: January
New Mexico has a 3-day notice for non-payment—one of the shortest in the nation. The Owner-Resident Relations Act (NMSA 47-8) provides clear procedures. This guide covers requirements.
📑 Table of Contents
📝 New Mexico Eviction Notice Types
3-Day Notice to Pay or Quit
NMSA § 47-8-33
For non-payment of rent, New Mexico requires a 3-day notice to pay or vacate.
- ✅ Must be in writing
- ✅ Must specify amount due
- ✅ Must give 3 days to pay or vacate
7-Day Notice (Lease Violation)
NMSA § 47-8-33
For material lease violations, New Mexico requires a 7-day notice to cure or vacate.
📄 Get Free Lease Violation Notice30-Day Notice (Month-to-Month)
NMSA § 47-8-37
To terminate a month-to-month tenancy, New Mexico requires 30 days’ written notice.
📄 Get Free 30-Day Notice Form⚖️ New Mexico Eviction Process
New Mexico evictions are filed in Magistrate Court or Metropolitan Court (Albuquerque).
Serve Notice
Serve appropriate notice and wait for expiration.
File Complaint
File complaint in court. Fees approximately $50-$100.
Court Hearing
Hearing typically within 7-30 days of filing.
Judgment and Writ
If you win, request Writ of Restitution. Sheriff executes.
New Mexico prohibits self-help evictions. Only law enforcement can remove tenants after a court order.
⏱️ New Mexico Eviction Timeline
| Stage | Timeline | Notes |
|---|---|---|
| 📝 Notice period | 3-30 days | 3 days for non-payment |
| ⚖️ Court hearing | 7-30 days | From filing |
| 🚔 Writ execution | 3-7 days | After judgment |
Total Timeline: New Mexico evictions typically take 3-6 weeks for uncontested cases.
💰 New Mexico Security Deposit Rules
- Maximum: 1 month’s rent (unfurnished) or higher for furnished
- Return Timeline: 30 days after tenant vacates
- Itemized Statement: Required if deductions made
❓ New Mexico Eviction FAQ
🔍 Avoid Evictions with Better Tenant Screening
Comprehensive tenant screening helps prevent costly evictions.
📚 Related New Mexico Resources
⚖️ Legal Disclaimer
This guide provides general information about New Mexico eviction laws under NMSA Chapter 47. Consult a qualified attorney before proceeding.
