New Mexico Eviction Notice Overview
New Mexico 3-Day Notice for Non-Payment Only
The 3-day notice under §47-8-33(D) is exclusively for non-payment of rent. For lease violations such as unauthorized occupants, noise disturbances, or pet violations, you must use a separate 7-day notice to cure under §47-8-33(A). The New Mexico Mobile Home Park Act (§47-10-1 et seq.) has separate notice requirements for mobile home tenancies.
New Mexico's Owner-Resident Relations Act (NMSA §47-8-1 through §47-8-51) governs residential tenancies across the state. Section 47-8-33(D) specifically authorizes a 3-day notice to pay rent or quit when a tenant fails to pay rent. This makes New Mexico one of the states with the shortest non-payment notice period, similar to Montana and California.
The law applies uniformly across New Mexico's 33 counties. Most eviction activity is concentrated in Bernalillo County (Albuquerque), Doña Ana County (Las Cruces), Santa Fe County, and Sandoval County (Rio Rancho). Albuquerque uses the Bernalillo County Metropolitan Court for evictions, while other counties use magistrate courts. New Mexico does not have local rent-control ordinances, and the state statute applies uniformly statewide.
3 Days
Pay or quit period
$25-$100
Filing fees
Written
Notice required
2-4 wks
Court process
New Mexico Legal Requirements
New Mexico's statute requires a written notice that clearly communicates the amount of rent owed and the tenant's options. The notice must be delivered using one of the approved service methods under New Mexico law.
Required Notice Elements
- Tenant Names: Full legal names of all residents listed on the rental agreement
- Property Address: Complete address including unit number, city, and county
- Rent Amount: Exact dollar amount of past-due rent only. Exclude late fees, utilities, and damages
- 3-Day Cure Period: Clear statement that the resident has 3 days to pay in full or surrender possession
- Consequence Statement: Notification that failure to comply will result in filing for possession in court
- Landlord Signature: Signed and dated by the owner or authorized property manager
How to Serve a 3-Day Notice in New Mexico
New Mexico provides several acceptable methods for serving eviction notices. The method chosen affects when the 3-day period begins running, so landlords should select the method that fits their situation.
Prepare the Notice
Fill in all required fields. Verify the rent amount against your lease and accounting records. Include only past-due base rent in the demand amount.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This starts the 3-day clock immediately and provides the strongest proof of service for New Mexico courts.
Alternative: Post and Mail
If the tenant is not available, post the notice on the main entrance of the dwelling and mail a copy to the tenant's last known address. Additional mailing time may apply.
Document Service Carefully
Record date, time, and method. Take a photograph if posting. Keep certified mail receipts. New Mexico courts require proof of proper service when filing.
File in Court After Expiration
After 3 days, file an action for possession in metropolitan court (Bernalillo County) or the appropriate magistrate court for your county.
New Mexico Eviction Timeline
New Mexico's eviction timeline is moderate. After the 3-day notice expires without payment, the landlord files a complaint for possession. The court issues a summons. In Bernalillo County Metropolitan Court, hearings are typically scheduled within 7-14 days of filing.
Magistrate courts in other counties may schedule hearings within 7-21 days depending on their caseload. If the landlord prevails at the hearing, the court issues a writ of restitution. The sheriff then has a set period to execute the writ and remove the tenant from the premises.
Total time from notice to lockout averages 3-5 weeks for uncontested cases in New Mexico. Contested cases with tenant defenses can extend to 6-10 weeks or longer. Appeals to the district court are possible but relatively uncommon in straightforward non-payment situations.
New Mexico Court Fees & Costs
Below are the typical costs for the eviction process in New Mexico. Actual fees vary by county.
| Fee / Cost | Typical Amount |
|---|---|
| Magistrate/Metro Court Filing | $25 - $100 |
| Service of Process | $20 - $60 |
| Writ of Restitution | $25 - $75 |
| Attorney Fees (optional) | $400 - $1,800 |
| Sheriff Lockout | $50 - $150 |
Sample New Mexico 3-Day Notice
Below is a preview of the New Mexico-compliant 3-day notice to pay rent or quit.
3-DAY NOTICE TO PAY RENT OR QUIT
STATE OF NEW MEXICO
Pursuant to NMSA §47-8-33(D)
TO RESIDENT(S):
Name: [Full Legal Name]
Address: [New Mexico Property Address]
RENT DEMAND:
Past-due rent: $[Amount]
Period: [Month/Year]
NOTICE
You are hereby notified that rent in the amount of $[Amount] for the period of [Month/Year] is past due. You have THREE (3) DAYS from service of this notice to pay the full amount or surrender possession. Failure to comply will result in the filing of an action for possession pursuant to New Mexico law.