New Mexico Eviction Notice Overview
New Mexico uses a 3-day notice for non-payment of rent under NMSA Section 47-8-33(D). New Mexico does not use a 5-day notice. The Owner-Resident Relations Act governs residential evictions. Cases are filed in Magistrate Court (outside Albuquerque) or Bernalillo County Metropolitan Court (Albuquerque).
Understanding the correct notice period is critical for New Mexico landlords. Using a 5-day notice when the law requires a different period will result in the court dismissing the eviction case, costing the landlord additional time and filing fees. Always verify the current New Mexico statutory requirements before serving any eviction notice.
3-day
Actual notice period
$25 - $75
Court filing fee
Magistrate
Court type
3-6 Wks
Total process
Why New Mexico Uses 3-day, Not 5 Days
Important: New Mexico Does Not Have a 5-Day Notice
A 5-day eviction notice is not the correct notice period in New Mexico. Under NMSA 47-8-33(D), the required notice for non-payment of rent is 3-day. Serving a 5-day notice will likely result in the court dismissing your case. Use the correct 3-day notice period.
States that do use a 5-day notice include Arizona, Delaware, Hawaii, Illinois, Oklahoma, Rhode Island, South Carolina, Virginia, and Wisconsin. New Mexico is not among them. The 3-day notice requirement in New Mexico applies to the most common eviction scenario: non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under New Mexico law.
If you are a landlord in New Mexico, ensure your eviction notice complies with NMSA 47-8-33(D) and includes all elements required by Magistrate/Metropolitan Court. Using our New Mexico-specific template ensures you have the correct notice period and statutory language.
New Mexico Legal Requirements for Eviction Notices
To withstand judicial scrutiny in New Mexico Magistrate/Metropolitan Court, your eviction notice must contain all elements required by state law. Missing even one required element gives the tenant grounds to challenge the notice.
Required Notice Contents
- Tenant Names: Full legal names of all adult tenants on the lease agreement
- Property Address: Complete address including unit number, city, and New Mexico county
- Amount Owed: For non-payment cases, specific dollar amount of rent due plus any lawful late fees
- Notice Period: Clear statement of the 3-day period to pay or vacate as required by NMSA 47-8-33(D)
- Consequences: Warning that failure to pay or vacate will result in eviction proceedings in Magistrate/Metropolitan Court
- Landlord Information: Name, signature, and contact information of the landlord or property manager
- Date of Service: The date the notice is delivered, which starts the 3-day clock
How to Serve an Eviction Notice in New Mexico
Proper service of the eviction notice is essential under New Mexico law. Magistrate/Metropolitan Court judges regularly dismiss cases where the landlord cannot demonstrate proper service.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a process server for documentation. This is the method New Mexico courts trust most.
Substituted Service
If the tenant is not available, leave the notice with a competent adult (18+) residing at the property. Record the name and date of service.
Post and Mail
Post the notice on the main entry door and mail a copy via first-class or certified mail. Use this as a last resort when personal delivery fails.
Document Everything
Prepare a proof of service affidavit recording the date, time, method, and witnesses. New Mexico courts require this when filing the eviction complaint.
File After Notice Period Expires
Once the 3-day period expires without payment or vacancy, file the eviction complaint at the Magistrate/Metropolitan Court in the jurisdiction where the property is located.
New Mexico Eviction Timeline
The eviction process in New Mexico follows a specific timeline from notice to enforcement. A typical uncontested eviction takes approximately 3-6 Wks from the date the notice is served. Contested cases can take significantly longer.
After the 3-day notice period expires and the complaint is filed, the court schedules a hearing. At the hearing, the judge reviews the notice, lease, and proof of service. If the landlord prevails, the court enters a judgment for possession.
Following the judgment, the tenant has a limited time to appeal or vacate. If the tenant does not leave voluntarily, the landlord obtains a writ of possession, and the sheriff or constable enforces the removal. Self-help evictions are illegal in New Mexico and can expose the landlord to substantial liability.
New Mexico Eviction Filing Fees & Costs
Below are the typical costs associated with the eviction process in New Mexico. Actual fees may vary by county and specific circumstances.
| Fee / Cost | Typical Amount |
|---|---|
| Magistrate/Metropolitan Court Filing Fee | $25 - $75 |
| Service of Process | $25 - $75 |
| Writ of Possession | $25 - $100 |
| Attorney Fees (Uncontested) | $400 - $2,000 |
Sample New Mexico Eviction Notice
Below is a preview of the New Mexico-specific eviction notice using the correct 3-day notice period required by NMSA 47-8-33(D).
NOTICE TO PAY RENT OR QUIT
STATE OF NEW MEXICO
Pursuant to NMSA 47-8-33(D)
TO TENANT(S):
Name(s): [All Tenant Names]
Address: [Full New Mexico Address]
NOTICE:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to NMSA 47-8-33(D), you have 3-DAY from the date of service to pay the total amount due or surrender possession.
NEW MEXICO COMPLIANCE
This notice uses the correct 3-day period required by New Mexico law under NMSA 47-8-33(D). A 5-day notice is not valid in New Mexico.