New Mexico Eviction Notice Form

Last Updated: January 3, 2022 by Elizabeth Souza

A New Mexico eviction notice form for nonpayment of rent is a written document that states a tenant has 3 days to pay the rent or vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in New Mexico.

Types of New Mexico Eviction Notices

Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.

Grounds Time Curable?
Unpaid Rent 3-Day Yes
Lease Violation 7-Day Yes
Lease Termination 7/30-Day No
Material Health/Safety Violation 7-Day Yes
Illegal Activity 3-Day No

3-Day Notice to Pay (Nonpayment of Rent)

A landlord is allowed to evict a tenant for failing to pay rent on time.

In New Mexico, rent is considered late the day after it’s due; grace periods (if any) are addressed in a rental agreement or lease.

Once rent is past due, the landlord must provide a 3-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 3 days to avoid eviction.

If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.

The Notice for Nonpayment of Rent should include the total amount of past-due rent owed, and that if the past-due amount is paid in full within the deadline on the notice, the tenant will not be evicted.

Get the downloadable 3-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).

7-Day Notice to Cure or Vacate (Non-Compliance)

A tenant can be evicted in New Mexico if they do not uphold their responsibilities under the terms of a written lease or rental agreement.

In these instances, the landlord is required to provide the tenant with a 7-Day Notice to Comply, giving the tenant 7 days to correct the issue.

Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.

However, if a tenant commits a second violation of the rental agreement or lease within six months of the first violation, New Mexico landlords are not required to give the tenant an opportunity to correct the violation prior to eviction.

Note that illegal activity and material health and safety violations are not included in this category.

If the tenant doesn’t correct the issue within the time period on the notice, the landlord may proceed with the eviction process.

The notice must include:

  • The specific lease violation(s);
  • What the tenant can do to remedy the violation; and
  • The date the lease will terminate if the tenant doesn’t comply within the deadline.

Get the downloadable 7-Day Eviction Notice for Noncompliance form template below (.pdf direct link).

7/30-Day Lease Termination Notice (No Lease/End of Lease)

In the state of New Mexico, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.

Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.

The amount of time required in the notice depends on the type of tenancy.

  • Week-to-Week – If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 7-Day Notice to Quit.
  • Month-to-Month – If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit.

The notice should include the date the tenancy will terminate.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Get the downloadable 7/30-Day Lease Termination Notice form template below (.pdf direct link).

7-Day Notice to Cure or Vacate (Material Health / Safety Violation)

A tenant can be evicted in New Mexico if they violate a health, building, safety, or housing code. In these instances, the landlord is required to provide the tenant with a 7-Day Notice to Comply, giving the tenant 7 days to correct the issue.

Examples of material health and safety violations could include letting trash pile up inside the rental unit, providing a harbor for rodents or bugs, or even things like damaging the electrical wiring in the rental unit.

If the tenant remains on the property after the notice period expires without correcting the violation, the landlord may proceed with the eviction process.

The notice must include:

  • The specific health/safety violation(s);
  • What the tenant can do to remedy the violation; and
  • The date the lease will terminate if the tenant doesn’t comply within the deadline.

Get the downloadable 7-Day Eviction Notice for Material Health/Safety Violation form template below (.pdf direct link).

3-Day Notice to Quit (Illegal Activity)

Tenants who are involved in illegal activity must be given 3 days’ written notice before the landlord can proceed with an eviction action.

Illegal activity is considered a “substantial violation” of the lease or rental agreement, and includes:

  • Illegal use, possession, sale, distribution, or manufacture of controlled substances.
  • Unlawful use of a deadly weapon.
  • Sexual assault.
  • Unlawful action that causes serious harm.
  • Entry with intent to commit theft/assault.
  • Theft or attempted theft using force.
  • Intentional or reckless property damage of $1,000 or more.

If a tenant remains on the rental property after the notice period expires, the landlord may proceed with the eviction process.

The notice should include:

  • The time and date the violation occurred;
  • The place where the violation occurred; and
  • The specific act committed by the tenant.

Get the downloadable 3-Day Eviction Notice for Illegal Activity form template below (.pdf direct link).

What to Include in New Mexico Notices

The information required on New Mexico eviction notices varies depending on the reason for the eviction and is addressed in each section below. However, it’s also a good idea to include:

  • The date the tenancy will terminate.
  • The tenant’s name and contact information.

The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.

Delivering Eviction Notices in New Mexico

In the state of New Mexico, landlords can deliver an eviction notice by one of the following methods:

  • Giving it to the tenant in person;
  • Mailing the notice via first class mail; or
  • Posting a copy of the notice on an exterior door of the rental unit.

If a copy of the notice is posted at the rental unit, a copy must also be given to the tenant in person or mailed to the tenant, unless the eviction is for nonpayment of rent.

Eviction Process in New Mexico

  1. An eviction notice is posted by the landlord to vacate or “cure” the issue.
  2. If uncured and tenant remains, petition is filed and served.
  3. A hearing is held and judgment issued.
  4. If an eviction is granted, a Writ of Restitution is posted.
  5. Possession of property is returned to landlord.

For nonpayment of rent evictions, a second service method is not required for posted notices.
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