New Mexico Eviction Notice Overview
New Mexico requires a 7-day notice to cure for lease violations under NMSA §47-8-33(A). There is no 14-day notice. The New Mexico Uniform Owner-Resident Relations Act (NMSA §47-8-1 through §47-8-51) governs residential evictions. Cases are filed in Metropolitan Court (Albuquerque) or Magistrate Court in other counties.
Bernalillo County (Albuquerque) handles the highest eviction volume through its Metropolitan Court. For non-payment, a 3-day notice is required under NMSA §47-8-33(D). Santa Fe, Las Cruces, and Rio Rancho are the other major jurisdictions. New Mexico provides moderate tenant protections with a mandatory cure period and habitability requirements.
7 Days
Statutory minimum
$53–$132
Metropolitan/Magistrate Court
Written
Notice required
3–6 Wks
Total process
New Mexico’s 7-Day Cure Notice
Under NMSA §47-8-33(A), if a tenant materially violates the rental agreement, the landlord must give 7 days’ written notice describing the noncompliance and allowing the tenant to cure. If the tenant cures, the tenancy continues. For repeat violations within 6 months, the landlord may terminate with 7 days’ notice without opportunity to cure.
New Mexico Notice Periods
7-day cure: Material noncompliance (NMSA §47-8-33(A))
3-day notice: Non-payment of rent (NMSA §47-8-33(D))
7-day unconditional: Repeat within 6 months
3-day notice: Drug or dangerous criminal activity
30-day termination: Month-to-month without cause (§47-8-37)
Common Violations Addressed by This Notice in New Mexico
- Unauthorized pets
- Unauthorized occupants
- Noise complaints
- Property damage
- Failure to maintain
- Operating businesses without permission
New Mexico Legal Requirements
New Mexico courts require strict compliance with notice requirements. A deficient notice will result in dismissal of the eviction case, wasting time and filing fees. Here are the mandatory elements:
- Written Notice: Required under the Owner-Resident Relations Act
- 7-Day Cure: State 7 days to cure with exact deadline
- Specific Violation: Describe the noncompliance
- Termination Warning: State consequences
- Landlord Info: Name, address, phone
Serving the Notice in New Mexico
Proper service is critical in New Mexico. The method of delivery determines when the notice period starts running and must be documented for court proceedings.
Personal Service
Hand the notice to the tenant.
Certified Mail
Send via certified mail.
Post and Mail
Post on door and mail if tenant unavailable.
New Mexico Eviction Timeline
The complete eviction process in New Mexico, from notice to physical removal, follows this general timeline for uncontested cases:
New Mexico Eviction Fees & Costs
Below are the typical costs associated with the eviction process in New Mexico. Fees may vary by county or court location.
| Cost Item | Amount |
|---|---|
| Metropolitan/Magistrate Court Filing | $53 – $132 |
| Sheriff Service | $25 – $50 |
| Writ of Restitution | $20 – $40 |
| Attorney Fees | $500 – $1,500 |
Sample New Mexico Eviction Notice
Below is a preview of a New Mexico-compliant eviction notice. The generated document includes all elements required under NM law.
7-DAY NOTICE TO CURE OR QUIT
STATE OF NEW MEXICO
Pursuant to NMSA §47-8-33(A)
TO (TENANT):
Name: [Tenant Full Legal Name]
Address: [New Mexico Property Address]
VIOLATION / GROUNDS:
[Detailed description of violation with dates]
DEMAND
You have seven (7) days to cure the above violation. Failure to cure will result in termination of your rental agreement.