New Mexico Eviction Notice Overview
New Mexico does not use a 7-day eviction notice. Under the Uniform Owner-Resident Relations Act (NMSA 47-8-33), landlords must give a 3-day notice for non-payment of rent. For lease violations, a 7-day notice to cure applies under NMSA 47-8-33(A). This makes New Mexico a state where the 7-day notice only applies to lease violations, not non-payment.
New Mexico's landlord-tenant law follows the Uniform Owner-Resident Relations Act (NMSA 47-8-1 et seq.), which uses the unique terminology of 'owner' and 'resident' instead of 'landlord' and 'tenant.' Eviction cases are filed in Metropolitan Court (Bernalillo County/Albuquerque) or Magistrate Court (all other counties). New Mexico has 33 counties. Bernalillo County handles the highest volume.
3 Days
Notice period
$75 - $100
Filing fee
NM Code
Governing law
Metropolitan/Magistrate
Court level
Why New Mexico Uses 3 Days, Not 7
NM Uses 3 Days for Non-Payment, 7 Days for Violations
NMSA 47-8-33(B) requires a 3-day notice for non-payment. For curable lease violations, a 7-day notice applies under 47-8-33(A). The 7-day notice is for violations only — not for non-payment situations. Use the correct notice for your situation.
New Mexico Notice Periods at a Glance
- 3-Day Notice — Non-Payment (47-8-33(B)): Tenant has 3 days to pay all rent owed
- 7-Day Notice — Lease Violations (47-8-33(A)): Tenant has 7 days to cure a material noncompliance
- 7-Day Unconditional — Repeat Violations: If same violation recurs within 6 months
- 30-Day Notice — Month-to-Month (47-8-37): Either party must give 30 days notice
New Mexico Notice Requirements
New Mexico courts require that eviction notices meet specific content and format standards. An incomplete or incorrectly timed notice will result in dismissal of the eviction case.
Required Notice Content
- Property Address: Full address including unit number, city, and zip code
- Tenant Names: All tenants named on the lease or rental agreement
- Amount Owed or Violation: Exact dollar amount of rent due, or specific description of the lease violation
- Correct Notice Period: 3 days for non-payment as required by New Mexico law
- Consequence Statement: That eviction proceedings will be filed if the tenant does not cure or vacate
- Landlord Information: Name and contact information of the landlord or property manager
How to Serve an Eviction Notice in New Mexico
New Mexico law provides specific methods for serving eviction notices. Proper service and documentation are essential for the court filing.
Personal Delivery
Hand-deliver to the resident in person.
Certified Mail
Send via certified mail with return receipt.
Posting
Post on the door and mail a copy.
Document Service
Prepare proof of service for court filing.
New Mexico Eviction Timeline
The New Mexico eviction process follows a specific timeline from notice through court proceedings to enforcement.
Serve 3-day notice for non-payment per NMSA 47-8-33(B)
File eviction complaint in Metropolitan or Magistrate Court
Hearing set; resident served with summons
Hearing held; judgment entered
Writ of restitution issued; sheriff enforces removal
Uncontested NM evictions take 3-5 weeks. Contested cases take 5-10 weeks. Albuquerque Metropolitan Court processes cases efficiently due to high volume.
New Mexico Eviction Fees & Costs
Below are the typical costs for an eviction proceeding in New Mexico Metropolitan Court or Magistrate Court. Actual fees may vary by county.
| Fee / Cost | Typical Amount |
|---|---|
| Metropolitan/Magistrate Court Filing | $75 - $100 |
| Service of Process | $25 - $50 |
| Writ of Restitution | $25 - $50 |
| Attorney Fees (optional) | $500 - $2,000 |
| Appeal Filing Fee | $150 |
Sample New Mexico Eviction Notice
Below is a preview of a New Mexico-compliant eviction notice that meets the requirements of NMSA 47-8-33.
3-DAY NOTICE TO PAY RENT OR VACATE
STATE OF NEW MEXICO
Pursuant to NMSA 47-8-33(B)
LANDLORD:
Name: [Full Legal Name]
Address: [New Mexico Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address]
NOTICE:
You have THREE (3) DAYS to pay $[Amount] in full or vacate.
NEW MEXICO COMPLIANCE NOTE
NM uses 3 days for non-payment (47-8-33(B)) and 7 days for curable lease violations (47-8-33(A)). This notice is for non-payment.