A 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:
- 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 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:
- Hand delivery to the tenant
- 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)
- 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.
Sources
- 1 NM Stat § 47-8-33
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Upon the second material noncompliance with the rental agreement or any separate agreement by the resident, within six months of the initial breach, the owner shall deliver a written notice to the resident specifying the acts and omissions constituting the breach, including the dates and specific facts describing the nature of the alleged breach, and stating that the rental agreement shall terminate upon a date not less than seven days after receipt of the notice. If the subsequent breach occurs more than six months after the initial breach, it shall constitute an initial breach for purposes of applying the provisions of this section.
Source Link - 2 N.M. Stat. § 47-8-13(C) - (E)
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C. A person receives a notice or notification: (1) when it comes to his attention; (2) where written notice to the owner is required, when it is mailed or otherwise delivered at the place of business of the owner through which the rental agreement was made or at any place held out by him as the place for receipt of the communication; or (3) if written notice to the resident is required, when it is delivered in hand to the resident or mailed to him at the place held out by him as the place for receipt of the communication, or in the absence of such designation, to his last known place of residence. D. Notwithstanding any other provisions of this section, notice to a resident for nonpayment of rent shall be effective only when hand delivered or mailed to the resident or posted on an exterior door of the dwelling unit. In all other cases where written notice to the resident is required, even if there is a notice by posting, there must also be a mailing of the notice by first class mail or hand delivery of the notice to the resident. The date of a posting shall be included in any notice posted, mailed or hand delivered, and shall constitute the effective date of the notice. A posted notice shall be affixed to a door by taping all sides or placed in a fixture or receptacle designed for notices or mail. E. Notice, knowledge or a notice or notification received by the resident or person is effective for a particular transaction from the time it is brought to the attention of the resident or person conducting that transaction, and in any event from the time it would have been brought to the resident’s or person’s attention if the resident or person had exercised reasonable diligence. Source Link
