New Mexico 60-Day Notice Overview
New Mexico does not require a 60-day notice for standard residential tenancy terminations. Under the New Mexico Owner-Resident Relations Act (NMSA 47-8-1 et seq.), month-to-month tenancies can be terminated with 30 days written notice under Section 47-8-37. The notice must be given at least 30 days before the date the periodic tenancy is to end.
New Mexico provides moderate tenant protections under the Owner-Resident Relations Act. The state has no statewide rent control and no just-cause eviction requirements. Security deposits are capped at one month's rent for leases under one year under NMSA 47-8-18. The deposit must be returned within 30 days. Albuquerque Metropolitan Court handles the majority of the state's eviction cases.
30 Days
Statutory default
$55-$132
Court filing fees
Written
Notice required
2-4 wks
Court process
When a 60-Day Notice Applies in New Mexico
Since New Mexico's statutory default for month-to-month termination is 30 days, understanding when a 60-day notice is actually required or advisable is essential for landlords.
Lease-Required Extended Notice
Many New Mexico property managers include 60-day non-renewal clauses in their leases. The contractual obligation overrides the 30-day statutory minimum under NMSA 47-8-37 when the lease specifies a longer period.
NM Mortgage Finance Authority Programs
Federal Section 8 programs administered through the New Mexico Mortgage Finance Authority (MFA) and local PHAs like the Albuquerque Housing Authority frequently require 60-90 days notice before termination.
Santa Fe and Albuquerque Markets
In Santa Fe, Albuquerque, and Las Cruces, providing 60 days is increasingly common as rental markets tighten. Santa Fe's high cost of living and limited rental inventory make extended notice especially valuable for tenants.
New Mexico Legal Requirements
New Mexico's landlord-tenant statutes establish specific requirements for termination notices that must be followed precisely.
New Mexico Owner-Resident Relations Act
New Mexico uses the term 'Owner-Resident' rather than 'Landlord-Tenant' in its statutes (NMSA 47-8-1 et seq.). The Owner-Resident Relations Act provides the framework for all residential tenancies. Notices must comply with this Act's specific requirements. New Mexico also has Native American reservation lands where tribal law may supersede state law — landlords on tribal lands should consult with attorneys familiar with tribal housing law.
Notice Content Requirements
- Written Notice: NMSA 47-8-37 requires written notice. Oral notice is insufficient under New Mexico law for tenancy terminations
- Tenant and Property ID: Include all tenant names from the lease and the complete property address including city, county, and ZIP code
- Termination Date: State the exact date at least 60 days from service, aligned with the end of the monthly rental period
- Landlord Contact: Include the owner or property manager name, New Mexico mailing address, and telephone number
- Security Deposit Reference: NMSA 47-8-18 requires return within 30 days with an itemized statement. Deposits capped at one month's rent for leases under one year
How to Serve a 60-Day Eviction Notice in New Mexico
Proper service is critical in New Mexico. If the landlord cannot prove the notice was properly delivered, the court will dismiss the eviction action.
Prepare the Notice
Draft using a New Mexico-specific template referencing NMSA 47-8-37. Include all tenant names, property address, and the 60-day termination date
Personal Delivery (Preferred)
Hand-deliver to the tenant at the rental premises. New Mexico courts prefer personal service. Use a process server or witness
Certified Mail Alternative
Send via certified mail with return receipt. New Mexico accepts mailed service for owner-resident notices
Complete Proof of Service
Document date, time, method, and location of service. Keep certified mail receipts and return cards for court proceedings
File Eviction Action in Metropolitan or Magistrate Court
After 60 days expire without the tenant vacating, file an eviction action in Metropolitan or Magistrate Court where the property is located
New Mexico Eviction Timeline
New Mexico's eviction process is filed in Metropolitan Court (Albuquerque) or Magistrate Court (other areas) under NMSA 47-8-39 to 47-8-42. After filing, the court schedules a hearing within 7-14 days. Albuquerque Metropolitan Court has a dedicated housing division.
At the hearing, both parties present evidence. If the owner prevails, the court issues a judgment for possession. The resident has 3 days to vacate after the writ of restitution is issued. The sheriff enforces removal if needed.
Total court timeline: 2-4 weeks uncontested, 4-8 weeks contested. Bernalillo County (Albuquerque) handles the most cases. Combined with the 60-day notice period, the full process spans 10-16 weeks.
New Mexico Filing Fees & Costs
Eviction costs in New Mexico vary by county and court type. Below are typical expenses.
| Fee / Cost | Typical Amount |
|---|---|
| Metropolitan/Magistrate Court Filing | $55 - $132 |
| Service of Process | $25 - $60 |
| Attorney Fees | $400 - $1,500 |
| Writ of Restitution | $20 - $40 |
| Sheriff Enforcement | $50 - $150 |
Sample New Mexico 60-Day Notice
Below is a preview of our New Mexico-specific 60-day termination notice template.
60-DAY NOTICE OF TERMINATION
STATE OF NEW MEXICO
Pursuant to NMSA 47-8-37
LANDLORD / PROPERTY OWNER:
Name: [Full Legal Name]
Address: [New Mexico Mailing Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address]
NOTICE OF TERMINATION:
You are hereby notified that your tenancy at the above premises will terminate on[Date — 60 days from service]. You must vacate and surrender possession by that date.
NEW MEXICO COMPLIANCE NOTE
Your security deposit will be returned within 30 days of vacating per NMSA 47-8-18, with an itemized statement of deductions. Please provide a forwarding address upon vacating.