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:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- 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 a written eviction notice 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 § 47-8-13(D)
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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.
Source Link - 2 New Mexico Court Rules of Civil Procedure - Rule 1-006
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Rule 1-006 – Time A. Computing time. This rule applies in computing any time period specified in these rules, in any local rule or court order, or in any statute, unless another Supreme Court rule of procedure contains time computation provisions that expressly supersede this rule. (1)Period stated in days or a longer unit; eleven (11) days or more. When the period is stated as eleven (11) days or a longer unit of time, (a) exclude the day of the event that triggers the period; (b) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (c) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. (2)Period stated in days or a longer unit; ten (10) days or less. (a) When the period is stated in days but the number of days is ten (10) days or less, (i) exclude the day of the event that triggers the period; (ii) exclude intermediate Saturdays, Sundays, and legal holidays; and (iii) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. - 3 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
