How to Serve an Eviction Notice in New Mexico

How to Serve an Eviction Notice in New Mexico

Last Updated: March 23, 2023 by Marnie Snyder

In New Mexico, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.

Who Can Serve Eviction Notices in New Mexico?

In New Mexico, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.

When Can Eviction Notices Be Served in New Mexico?

In New Mexico, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.

For a 3 Day Notice to Quit for nonpayment of rent, the eviction notice for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in New Mexico, rent is late starting the day after it’s due.

Acceptable Forms of Service in New Mexico

A landlord can deliver notices in New Mexico using any of the below acceptable methods:

  1. Handing the notice to the tenant in person;
  2. Mailing the notice by first class mail with a certificate of mailing;
  3. Posting the notice to a conspicuous place at the premises AND handing the notice to the tenant in person OR mailing the notice by first class mail with a certificate of mailing.

An eviction notice takes effect the same day it is served in person, posted at the premises or mailed to the receiving party.

Obtaining Proof of Service in New Mexico 

Landlords can show proof that the notice was delivered through the following methods:

  • Hand Delivery – by completing a Declaration of Service at the time of delivery.
  • Posting at the Premises – by taking a photograph and completing a Declaration of Service at the time of posting.
  • First Class Mail – by keeping the certificate of mailing and completing a Declaration of Service at the time of mailing.

New Mexico Eviction & Lease Termination Notice Forms

Notice Form Grounds
3 Day Notice to Quit Eviction for Unpaid Rent
7 Day Notice to Comply or Vacate Eviction for Lease Violation
7 Day Notice to Vacate Eviction for Repeat Lease Violation
3 Day Notice to Vacate Eviction for Illegal Activity
7 Day Notice to Terminate Tenancy Ending a Weekly Lease
30 Day Notice to Vacate Ending a Monthly / Yearly Lease

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