New Mexico Non-Payment of Rent Notice Overview
New Mexico requires a 3-day notice to pay rent or quit under N.M. Stat. §47-8-33 of the Uniform Owner-Resident Relations Act before filing an eviction action. The notice must specify the exact amount of rent owed and give the tenant 3 calendar days to pay or vacate.
New Mexico evictions are filed in Metropolitan Court (in Bernalillo County/Albuquerque) or Magistrate Court (in other counties). The Metropolitan Court handles the highest case volume. New Mexico's process moves relatively quickly, with hearings typically within 7-14 days of filing.
3 Days
Notice period
$65
Avg. filing fee
Yes
Right to cure
2-4 wks
Court process
New Mexico's 3-Day Notice Requirement
Under N.M. Stat. §47-8-33, when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 3 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply.
New Mexico uses a 3-day notice for non-payment under the Uniform Owner-Resident Relations Act. The notice must be in writing and specify the exact rent owed. New Mexico caps late fees at 10% of the periodic rent. Evictions are filed in Metropolitan Court (Albuquerque) or Magistrate Court (elsewhere).
New Mexico: 10% Late Fee Cap and Fast Process
New Mexico caps late fees at 10% of the periodic rent under the Owner-Resident Relations Act. The 3-day notice counts calendar days. Albuquerque's Metropolitan Court handles the highest volume of eviction cases in the state and has relatively fast scheduling. Landlords must strictly comply with notice requirements—any defect will result in dismissal.
New Mexico Legal Requirements (N.M. Stat. §47-8-33)
For the notice to be valid under New Mexico law, it must meet specific requirements established by statute and interpreted by New Mexico courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under New Mexico law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- Cure Period: Clearly state the tenant has 3 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
New Mexico Grace Period & Late Fee Rules
No statutory grace period. Lease terms control. Understanding New Mexico's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
Late fees capped at 10% of rent or a reasonable amount. Must be in lease. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with New Mexico law.
New Mexico Late Fee Quick Reference
Grace Period
No statutory grace period.
Late Fee Rule
Late fees capped at 10% of rent or a reasonable amount.
Partial Payment
Does not cure. Acceptance may waive eviction.
Right to Cure
Yes.
How to Serve a Non-Payment Notice in New Mexico
New Mexico law specifies acceptable methods for delivering the notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. New Mexico courts require proof of proper service before proceeding with an eviction action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by New Mexico courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The notice period begins when the tenant receives or signs for the mail.
File After Notice Expires
After the notice period passes without payment, file an eviction complaint in New Mexico Metropolitan Court or Magistrate Court. Include the original notice and proof of service with your filing.
New Mexico Non-Payment Eviction Timeline
The New Mexico eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Serve 3-Day Notice to Pay or Quit | Day 1 |
| Notice period expires | Day 4 |
| File eviction in Metropolitan/Magistrate Court | Day 4-6 |
| Summons served | Day 6-10 |
| Court hearing (7-14 days after filing) | Day 11-20 |
| Judgment for possession | Day 11-20 |
| Writ of restitution executed | Day 14-26 |
Total estimated time: 2-4 weeks uncontested. Albuquerque Metropolitan Court is busiest. Contested cases take 3-6 weeks.
New Mexico Eviction Filing Fees & Costs
Filing fees for eviction actions in New Mexico vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| Metropolitan Court or Magistrate Court Filing Fee | $45 - $90 |
| Service of Process | $20 - $50 |
| Writ of Possession/Restitution | $25 - $50 |
| Attorney Fees (if hired) | $400 - $1,500 |
| Appeal (if needed) | $100 - $200 |
Sample New Mexico 3-Day Non-Payment Notice
Below is a preview of our New Mexico-specific non-payment notice. The final document includes all statutory language required under N.M. Stat. §47-8-33 and is formatted for New Mexico court proceedings.
THREE (3) DAY NOTICE TO PAY RENT OR QUIT
STATE OF NEW MEXICO
Pursuant to N.M. Stat. §47-8-33
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full New Mexico Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
NEW MEXICO STATUTORY NOTICE:
You have THREE (3) DAYS from service to pay the full amount of rent due or quit the premises. If you fail to comply, the landlord will file for eviction in New Mexico court. Under New Mexico law, late fees cannot exceed 10% of the periodic rent.