New Mexico Eviction Notice Forms

Last Updated: January 2, 2024 by Roberto Valenzuela

A New Mexico eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. New Mexico landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.

Types of New Mexico Eviction Notice Forms

Notice Form Grounds Curable?
3 Day Notice To Quit Unpaid Rent Yes
7 Day Notice To Comply or Vacate Lease Violation Yes
7 Day Notice To Vacate Repeat Lease Violation No
3 Day Notice To Vacate Illegal Activity No
30 Day Notice To Vacate No Lease No

New Mexico 3 Day Notice To Quit

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A New Mexico 3 day Notice To Quit evicts a tenant for nonpayment of rent. In New Mexico, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within three (3) judicial days (i.e., not counting weekends and legal holidays).

New Mexico 7 Day Notice To Comply or Vacate

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A New Mexico 7 day Notice To Comply or Vacate demands correction of a lease violation that is “curable,” i.e., the tenant gets a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.

The tenant must take appropriate corrective action or else move out within seven (7) judicial days (i.e., not counting weekends and legal holidays).

New Mexico 7 Day Notice To Vacate

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A New Mexico 7 day Notice To Vacate evicts a tenant for repeating a lease violation within a six (6) month period. Because it’s a repeat violation, the tenant is not given the chance to take corrective action, and must move out within seven (7) judicial days (i.e., not counting weekends and legal holidays).

New Mexico 3 Day Notice To Vacate

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A New Mexico 3 day Notice To Vacate evicts a tenant for an “incurable” lease violation, i.e., one which the tenant is not allowed to restore through corrective action. This might be something like possessing controlled substances, using a deadly weapon on the premises or committing substantial property damage in excess of one thousand dollars ($1000.00). The tenant must move out within three (3) judicial days (i.e., not counting weekends and legal holidays).

New Mexico 30 Day Notice To Vacate

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A New Mexico 30 day Notice To Vacate terminates a rental agreement, including a month-to-month or year-to-year lease as well as an expired lease or a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) days before the date of termination.

How To Write an Eviction Notice in New Mexico

To help ensure the legal compliance of an eviction notice:

  1. Use the tenant’s full name and address
  2. Specify the lease violation as well as any balance due
  3. Specify the date of termination
  4. Print name and sign the notice, including the landlord’s address of record
  5. Note 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 Calculate Expiration Date in New Mexico

The “clock” for an eviction notice period starts “ticking” the day the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than June 1st.

In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.

In New Mexico, if a notice period is less than eleven (11) days, only judicial days may be counted when determining appropriate notice (i.e., no weekends or legal holidays). Otherwise, all days are counted as normal.

How To Serve an Eviction Notice in New Mexico

New Mexico landlords may deliver an eviction notice using any of these methods:

  1. Hand delivery to the other party
  2. Delivery by first class mail, with a certificate of mailing
  3. Posted at a conspicuous place on the premises, PLUS EITHER hand delivery to the other party OR delivery by first class mail with certificate of mailing

    An eviction notice takes effect when received. Posting on the premises counts as received notice, although the notice is not fully valid until completed through hand delivery or mail delivery.

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