Grab a New Mexico eviction notice template and read further to learn about what happens AFTER a notice is posted, how long the eviction process takes and other aspects of New Mexico eviction law.
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Types of Eviction Notices
In this state, there are three different Notices to Quit that will be used for evictions. Each one gives the tenant a different amount of days to address the issue at hand or vacate the premises. The first notice is a three-day Notice to Quit that is for the non-payment of rent. It will give the tenant three days to pay the back rent that they owe or vacate the premises. The second, which is a seven-day Notice to Quit, is given to the tenant when they breach the lease contract that they signed initially by not complying with the terms of it. This notice will give the tenant seven days to adjust their behavior and fix the problem or vacate the premises.
The final Notice to Quit is reserved for tenants that have a month-to-month agreement. This 30-day Notice to Quit does not require the landlord to give the tenant a reason that they want to end the agreement; the tenant will simply have 30 days to move out.
What Happens After a Notice is Posted
When the notice is posted, the landlord will need to wait for the number of days that the notice provides the tenant to cure the issue. If the tenant has not paid the rent of fixed the issue, the landlord can take the matter to court in the county where the property is located. They will need to file a summons that will be served to the tenant. A court date will be set that both parties will need to attend, and the judge will rule In favor of one of them. If the judge rules in favor of the landlord, the tenant will have the option to appeal the decision. If the tenant is ordered to move out and stays in the unit, then the sheriff can have them removed via a Writ of Restitution.
When is Rent Due
Rent for any unit is going to need to be paid on the date that was agreed upon in the rental agreement. Any payment that is paid past this point will be considered late, which means that a Notice to Quit can be posted at any time.
How Long Does the Eviction Process Take
An eviction in the state of New Mexico can take anywhere between a few weeks and a few months. The landlord will have to wait for the Notice to Quit to expire, the case to be scheduled for a hearing, and the tenant to appeal the decision if they would like to. In general, the more a tenant fights to stay in the unit that they rent, the longer the eviction process can take.