New Mexico 7 Day Notice To Vacate

Last Updated: March 18, 2024 by Roberto Valenzuela

New Mexico 7 Day Notice To Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for repeating a lease violation within a 6-month period. Because it’s a repeat violation, the tenant is not given an opportunity to take corrective action, and must move out within seven (7) judicial days (not counting weekends or legal holidays) of receiving notice.

When To Use a New Mexico 7 Day Notice To Vacate

A New Mexico 7 Day Notice To Vacate begins the eviction process in New Mexico when the tenant repeats the same or similar lease violation within a six (6) month period of a first instance of noncompliance.

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 7 Day Notice To Vacate

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

  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
  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 7 Day Notice To Vacate

New Mexico landlords may deliver a written Notice To Vacate 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.