A New Mexico 3 Day Notice To Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for certain criminal activity or substantial property damage. The tenant is not given an opportunity to take corrective action, and must 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 Vacate
A New Mexico 3 Day Notice To Vacate begins the eviction process for the following tenant violations:
- Causing substantial property damage (in excess of $1000 nominal value)
- Illegal possession or use of a deadly weapon
- Committing sexual assault or sexual molestation
- Possession, manufacture, or distribution of controlled substances
- Stealing property or a vehicle
- Threatened or committed assault on another person
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 Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- 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 Vacate
New Mexico landlords may deliver a Notice To Vacate using any of these methods:
- Hand delivery to the other party
- Delivery by first class mail, with a certificate of mailing
- Posting at a conspicuous place on the premises, such as the entry door, AND hand delivering to the other party OR delivering by first class mail with a certificate of mailing
A lease termination notice takes effect upon delivery, which is the advantage of posting at the premises if the other party is not immediately available. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.