New Mexico landlords face strict legal requirements when initiating an eviction, so understanding the entire process and the laws governing it is non-negotiable. This guide explains each step in plain terms, outlines the major landlord-tenant laws that affect evictions in New Mexico, touches on timelines and costs, and provides helpful resources along the way.
How New Mexico Law Defines Eviction
In New Mexico, an eviction occurs when a landlord takes legal action to regain possession of a rental property from a tenant who no longer has the right to stay. Landlords must follow strict legal procedures at every step to protect their rights and ensure the eviction remains valid.
You can find New Mexico’s eviction laws in the Uniform Owner-Resident Relations Act, within sections 47-8-1 through 47-8-52 of New Mexico’s Statutes Annotated (NMSA).
Eviction With Just Cause
In New Mexico, “just cause” means a landlord can remove a tenant only for specific legal reasons, including nonpayment of rent, violation of lease terms, committing illegal activity, and remaining on the property after the lease ends (to name a few).
Landlords in New Mexico can evict tenants with just cause if one of these reasons applies. For example, a landlord may issue a 3-Day Notice to Pay or Vacate for unpaid rent or a 7-Day Notice to Vacate for repeated lease violations within 6 months.
For landlords, having just cause means following the law carefully and keeping records that prove each step of the process. Written documentation of the reason for eviction, delivery of notice, tenant communication, and any court actions helps ensure the case stands on solid ground.
Applicable law: NMSA § 47-8-33
No-Fault Evictions
In New Mexico, landlords cannot end a fixed-term lease before it expires unless they have a valid legal reason. However, once the lease term ends, landlords can choose not to renew it and allow the agreement to expire naturally.
For month-to-month tenants, landlords can end the tenancy without providing a specific reason. To do so, they must give at least 30 days’ written notice before the start of the next rental period to ensure the termination follows state law.
Applicable law: NMSA § 47-8-37
Grounds for Eviction in New Mexico
Landlords in New Mexico can evict tenants for several legally recognized reasons. These include nonpayment of rent, lease violations such as unauthorized occupants or pets, repeated lease violations within 6 months, illegal activity on the property, or remaining in the unit after the lease expires.
Each reason for eviction must meet specific legal requirements, and landlords should document the violation clearly before beginning the process. Keeping accurate records of notices, communication, and lease terms helps ensure the eviction follows proper legal procedure.
Applicable law: NMSA § 47-8-33
Non-Payment of Rent
In New Mexico, landlords can issue a 3-Day Notice to Pay or Vacate when a tenant fails to pay rent on time. The law allows landlords to demand full payment within this period before starting the eviction process.
If the tenant does not pay the rent within 3 days, the landlord may file for eviction in court to regain possession of the property.
Applicable law: NMSA § 47-8-33(D)
Lease Violations
A rental agreement outlines the expectations and responsibilities of both the landlord and tenant. When a tenant breaks those terms in New Mexico, the landlord may have legal grounds to begin the eviction process.
Common examples of lease violations include:
- A tenant installs a large saltwater fish tank that overloads the electrical system, even though the lease restricts additional appliances without written approval.
- A tenant lists the property on a short-term rental platform despite an explicit clause that prohibits subletting.
- A tenant parks a commercial truck on the property overnight, violating the lease limit of two standard vehicles.
Lease agreements help prevent misunderstandings and protect both landlords and tenants. As such, landlords should review lease terms with tenants before move-in day and document any violations carefully to ensure compliance with state law.
Applicable law: NMSA § 47-8-33
Illegal Use of the Premises
Under New Mexico law, landlords can evict tenants who engage in criminal activity on or within the rental property. Whether a tenant stores illegal firearms in the garage, operates an unlicensed cannabis lab in the basement, or hosts underground fights in shared areas, the landlord has legal grounds to act.
Landlords should move quickly when illegal conduct occurs. They should record each incident in detail, contact law enforcement, issue the appropriate notice, and pursue court action if needed. Careful documentation and strict compliance with state law help ensure a smooth and successful eviction.
Applicable law: NMSA § 47-8-33(I)
Tenant Actions that Threaten Health or Safety
When tenants create unsafe or unsanitary conditions, landlords in New Mexico must take immediate action. Health and safety violations can lead to property damage, legal risk, and serious threats to other residents.
A few examples of health and safety violations in New Mexico include:
- The tenant leaves decomposing food on a balcony, attracting rodents and insects.
- The renter ignores plumbing leaks, allowing water damage and mold to spread to neighboring units.
- The occupant brings in heavy electrical equipment that sparks and poses a fire hazard.
For more details on landlord and tenant responsibilities, review our New Mexico warranty of habitability guide.
Applicable law: NMSA § 47-8-20
Destruction or Neglect of the Rental Unit
When tenants cause significant damage or neglect to a property in New Mexico, landlords can take legal action to recover costs and protect their investment. Situations such as a tenant tearing out drywall, flooding a bathroom and allowing mold to spread, or leaving cigarette burns and ashes throughout the carpet all qualify as serious violations.
Landlords should collect clear evidence of the damage through dated photos or videos, obtain professional repair estimates, and keep the signed lease showing the tenant’s maintenance responsibilities. During move-out, landlords can use the security deposit to cover repair costs that go beyond normal wear and tear.
Applicable law: NMSA § 47-8-22
Tenant is in a Month-to-Month Rental Contract
Landlords in New Mexico can end a month-to-month rental agreement without giving a specific reason. They simply must provide the tenant with at least 30 days’ written notice that aligns with the next rent due date, using a proper Notice to Vacate form.
If the tenant does not move out by the deadline, the landlord can file an eviction case in court to regain possession of the property. Following the correct notice procedure helps ensure the process moves smoothly and complies with state law.
Applicable law: NMSA § 47-8-37
Step-by-Step Eviction Process in New Mexico
Landlords in New Mexico must follow a detailed step-by-step process to legally remove a tenant from a rental property. Each stage ensures that the eviction remains valid, enforceable, and compliant with state law.
Here are the steps landlords must take:
1. Deliver Notice to the Tenant
Landlords in New Mexico must first identify the reason for eviction and serve the correct notice type based on the tenant’s behavior. If the tenant has a lawful opportunity to fix a problem, landlords must give them a chance to correct it within the proper timeframe. For example, if a tenant fails to pay rent, the landlord must serve a 3-Day Notice to Pay or Vacate. For more serious or repeated lease violations, the landlord can serve a 7-day Notice to Vacate.
Some violations cannot be fixed (like illegal activity or behavior that threatens health or safety). In those cases, the landlord can issue a 3-Day Notice to Vacate and begin the eviction process upon the expiration of the notice period. Landlords must follow New Mexico’s service rules exactly, delivering notices in person, by Certified Mail, or by posting the notice on the rental unit if they cannot reach the tenant.
Notice Forms & Timelines
- 3-Day Notice to Pay or Vacate: For nonpayment of rent.
- 7-Day Notice to Cure or Vacate: For the first material lease violation.
- 7-Day Notice to Vacate: For a repeat violation within 6 months.
- 3-Day Notice to Vacate: For serious health, safety, or criminal violations.
- 30-Day Notice to Vacate: To end a month-to-month tenancy or terminate without cause.
Applicable law: NMSA § 47-8-33
2. File an Eviction Lawsuit Against the Tenant
When the notice period ends, or the tenant does not fix a curable violation, the landlord in New Mexico must file a Petition by Owner for Restitution with the district or magistrate court. The landlord must also include a copy of the original notice and any supporting documents to begin the formal eviction case.
The landlord will pay a filing fee, which usually ranges between $75 and $130, depending on the county. After the landlord submits the paperwork, the court will review it, and the clerk will assign a hearing date (typically within 7 to 10 days after the tenant is served).
Applicable law: NMSA § 47-8-42
3. Serve Court Summons Paperwork to the Tenant
Once the clerk in New Mexico sets a court date for the eviction, the landlord will arrange for a process server, county sheriff, or any competent adult over 18 who is not involved in the case to deliver the summons and related court documents to the tenant. The packet will include the Summons and Notice of Hearing along with the Petition by Owner for Restitution. The person serving the documents must complete a Return of Service affidavit and file it with the court.
After receiving the paperwork, the tenant will have an opportunity to respond if the court requires an Answer form, and will need to appear in court at the scheduled date and time. The landlord should confirm that the Return of Service was filed correctly before the hearing to keep the eviction process on track.
Applicable law: New Mexico Rules of Civil Procedure Rule 1-004
4. Attend the Eviction Hearing
On the court date, the landlord in New Mexico will appear before the judge, along with the tenant or their attorney. The landlord will then present clear evidence, such as the eviction notice, lease agreement, proof of service, photos, and witness statements that support the claim. The tenant will have the opportunity to present their own documents, such as payment records, repair receipts, or witness testimony.
After both sides argue their cases, the judge will review the evidence, ask questions, and weigh each party’s credibility. The court may also request additional documentation or testimony before continuing the process. Landlords should come prepared, stay organized, and follow the court-provided timeline for any required materials.
Applicable law: NMSA § 47-8-42
5. Court Reaches a Ruling
After the hearing ends, the judge in New Mexico will review all submitted evidence and testimony from both sides and issue a decision, typically at the end of the hearing.
If the judge rules in favor of the tenant, the tenant will be allowed to remain in the property, and the landlord will not proceed with the eviction. If the judge rules in favor of the landlord, the landlord will receive a judgment for possession and can request a Writ of Restitution to have the tenant removed. The tenant has the right to appeal the decision by filing a Notice of Appeal within 15 days of the judge’s ruling.
Applicable law: NMSA § 47-8-42
6. Judge Issues a Writ of Restitution
Once the landlord has the Writ of Restitution, they must coordinate with the sheriff to set a move-out date between 3 and 7 days after the judgment is issued.
The sheriff will arrive at the property and give the tenant a final deadline to leave the property before enforcing the writ. Landlords should prepare for the eviction by arranging access and planning for any tenant belongings left behind.
Applicable law: NMSA § 47-8-46
7. Law Enforcement Executes the Writ of Restitution
If the deadline passes and the tenant still has not vacated the rental property, law enforcement in New Mexico will step in to enforce the eviction. The county sheriff (not the landlord) will execute the court-issued Writ of Restitution, physically removing the tenant and restoring possession of the property to the landlord.
Once the sheriff completes the eviction, the landlord will regain full control of the unit. Under New Mexico law, the landlord has no obligation to store a tenant’s belongings for more than 3 days after the eviction unless both parties agree otherwise. If the landlord chooses to store or dispose of the items, they must comply with state valuation and notice requirements.
Applicable law: NMSA § 47-8-34.1
Tenant Defense Against Eviction in New Mexico
An eviction can upend a tenant’s entire life. Losing a home, damaging credit, and scrambling to find new housing can create heavy hardship. In New Mexico, tenants still have legal rights during this process, and landlords should expect them to use those rights to protect themselves.
Tenants may push back by documenting rent payments and repair requests, saving all written communication, and applying for emergency rental assistance to resolve the issue before it reaches court. These steps can slow or even stop the eviction if handled correctly.
When tenants feel overwhelmed, they often turn to legal aid organizations for help. Contact New Mexico Legal Aid for free or low-cost representation in eviction and housing disputes across the state.
Timelines to Expect
In New Mexico, an eviction can be completed in 2 to 7 weeks, but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session, and other various possible delays.
Below are the parts of the New Mexico eviction process that are outside landlords’ control for uncontested cases.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 3-30 Calendar Days |
| Court Issuing/Serving Summons | 7-10 Business Days |
| Tenant Response Period | 7 Business Days |
| Court Ruling | 7-10 Business Days |
| Court Serving Writ of Restitution | 1-3 Business Days |
| Final Notice Period | 3-7 Business Days |
Flowchart of the New Mexico Eviction Process
Typical Court Fees
The cost of an eviction in New Mexico, including all filing, court, and service fees, can vary. For cases filed in the District Court, the average cost is $212. For cases filed in the Magistrate Court, the filing fee is $157.
| Fee | District | Magistrate |
| Initial Court Filing | $132 | $77 |
| Summons Service | ~$40 | ~$40 |
| Writ of Restitution Service | $40 | $40 |
| Notice of Appeal Filing (Optional) | $505 | $505 |
Handle the New Mexico Eviction Process Without Issue
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