New Mexico 3 Day Notice To Quit

Last Updated: March 18, 2024 by Roberto Valenzuela

New Mexico 3 Day Notice To Quit is a letter which complies with state legal requirements to begin eviction against a tenant for nonpayment of rent. The tenant must pay the rent balance due or move out within three (3) judicial days (i.e., not counting weekends or legal holidays) of receiving notice.

When To Use a New Mexico 3 Day Notice To Quit

A New Mexico 3 Day Notice To Quit begins the eviction process when the tenant is late on rent. A landlord may deliver this notice when any portion of the rent remains unpaid, beginning the day after it’s normally due.

Some types of New Mexico lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.

How To Write a New Mexico 3 Day Notice To Quit

To help ensure the legal compliance of a Notice To Quit:

  1. Use the full name of the receiving party, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Specify the basis for terminating the tenancy, and the payment required to avoid termination
  4. Fill in the full address of the rental premises
  5. Provide updated/current address and phone number information
  6. Print name and sign the notice
  7. Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature

It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.

How To Serve a New Mexico 3 Day Notice To Quit

New Mexico landlords may deliver a written eviction notice by any method which results in actual notice to the other party. The law specifically guarantees the legal effectiveness of the following methods:

  1. Hand delivery to the tenant
  2. Delivery by first class mail with a certificate of mailing, to the tenant’s address of record (or last known residence, if there is no address of record)
  3. Posting the notice on an exterior door of the premises, PLUS either hand-delivering the notice OR delivering it by first class mail with a certificate of mailing

Posted notice must be placed in a box or slot designed for mail or notices, or else taped on all sides to ensure secure fixture. Posting a notice starts the count on the notice period, even if (for example) the mailed notice takes a few more days to deliver.

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.