New Mexico Eviction Overview
NM Uses 3-Day and 7-Day Notices, Not 10
New Mexico's Owner-Resident Relations Act requires a 3-day notice for non-payment (§47-8-33(D)) and a 7-day notice for lease violations (§47-8-33(A)). There is no statutory 10-day period. A 10-day period could apply through lease provisions exceeding the statutory minimums.
New Mexico's eviction law is governed by the Owner-Resident Relations Act (NMSA §§47-8-1 through 47-8-51). The state uniquely uses the terms "owner" and "resident" instead of "landlord" and "tenant." Evictions are filed in Magistrate Court (or Metropolitan Court in Albuquerque), and the process is relatively fast with hearings typically scheduled within 7-10 days of filing.
New Mexico is moderately balanced between owner and resident rights, with short notice periods but meaningful habitability and retaliation protections. Self-help evictions are prohibited, and the Metropolitan Court in Bernalillo County (Albuquerque) has developed specialized procedures for handling the state's largest volume of eviction cases.
3 Days
Non-payment notice
$45-$80
Filing fee
7 Days
Violation notice
2-4 wks
Typical process
New Mexico's Actual Notice Periods
| Grounds | Notice Period | Statute |
|---|---|---|
| Non-payment of rent | 3 days (pay or quit) | NMSA §47-8-33(D) |
| Lease violation (first offense) | 7 days (cure or quit) | NMSA §47-8-33(A) |
| Repeat violation (within 6 months) | 7 days (unconditional quit) | NMSA §47-8-33(B) |
| Month-to-month (no cause) | 30 days | NMSA §47-8-37 |
| Drug-related criminal activity | 3 days (unconditional quit) | NMSA §47-8-33(J) |
NMSA 47-8 Requirements
When 10 Days Might Apply in NM
A 10-day period could apply if your New Mexico lease specifies 10 days for non-payment cure (exceeding the 3-day minimum) or for certain violations (exceeding the 7-day minimum). Since the statutory minimums are 3 and 7 days, a 10-day provision is enforceable. However, it is not required by law and is uncommon in NM leases.
Notice Requirements
- Written Notice: Must be in writing under NMSA §47-8-33
- Amount Owed: For non-payment, specify the exact amount of rent past due
- Violation Details: For violations, describe the specific breach and the lease provision violated
- Cure / Quit: State the applicable cure period and that the agreement terminates if not cured
- Property Address: Full address of the rental unit
- Service Method: Personal delivery or mailing to the resident's last known address
How to Serve in New Mexico
Personal Delivery
Hand deliver to the resident. Bring a witness. The notice period begins the following day
Post and Mail
If the resident cannot be found, post on the door and mail a copy. NM courts accept this method
Wait for Notice Period
Allow the full 3 or 7 days to expire. If the resident cures, the notice is void
File in Magistrate or Metropolitan Court
File the eviction complaint in the appropriate court. In Albuquerque, use Metropolitan Court. Elsewhere, use Magistrate Court. Fee: $45-$80
New Mexico Eviction Timeline
New Mexico's eviction process is efficient. After the notice period expires, the owner files in court. The court schedules a hearing on its Special Calendar, typically within 7-10 days. At the hearing, both parties present their cases. If the court rules for the owner, a Judgment for Possession is entered.
After judgment, a Writ of Restitution is issued and the sheriff executes it, giving the resident typically 3-7 days to vacate. Total time for an uncontested non-payment case: 2-3 weeks from initial notice.
Contested cases take 4-6 weeks. Appeals from Magistrate Court to District Court must be filed within 15 days of judgment and are heard de novo (new trial). The Metropolitan Court in Albuquerque handles the highest volume and has the most specialized eviction procedures.
New Mexico Filing Fees & Costs
| Fee / Cost | Typical Amount |
|---|---|
| Magistrate/Metropolitan Court Filing | $45 - $80 |
| Service of Process | $20 - $50 |
| Writ of Restitution Execution | $50 - $100 |
| Attorney Fees (if hired) | $500 - $2,000 |
| Appeal to District Court | $100 - $175 |
Sample New Mexico Notice
Below is a preview of a New Mexico-compliant 3-day notice for non-payment under NMSA §47-8-33(D).
3-DAY NOTICE TO PAY RENT OR VACATE
STATE OF NEW MEXICO
Pursuant to NMSA §47-8-33(D)
TO (RESIDENT):
Name: [Full Legal Name]
Premises: [Property Address, City, NM ZIP]
NOTICE:
You have three (3) days to pay $_____ in past-due rent or vacate the premises. Failure to comply will result in termination of your rental agreement and eviction proceedings in New Mexico Magistrate/Metropolitan Court.
NEW MEXICO LAW
This notice complies with the New Mexico Owner-Resident Relations Act (NMSA §§47-8-1 through 47-8-51).