Updated June 09, 2023
A New Mexico eviction notice is a formal letter sent by a landlord to a tenant who has violated their rental contract. The notice allows the tenant a statutory time period to cure the issue and, if fixed, the lease will be back in compliance as if the offense never occurred. If the tenant withholds from curing the issue, the landlord will have the right to terminate the lease contract and file an eviction lawsuit (Forcible Entry or Unlawful Detainer).
By Type (3)
3-Day Notice to Quit (Non-Payment of Rent)– Also known as Form 4-901, is to be used to inform the tenant of his or her failure to pay the rent on time. The tenant will have three days to pay or move out before the landlord is allowed to seek legal action.
Download: Adobe PDF
7-Day Notice to Quit (Non-Compliance) – Also known as Form 4-902, this notice to quit is used when a tenant has breached the lease contract other than non-payment of rent. The tenant will have 7 days to respond or move out. If it is a second (2nd) violation of the same non-compliance, then the landlord will have the option to terminate the lease and offer the tenant seven (7) days to move out.
Download: PDF
30-Day Notice to Quit (Month-to-Month Tenancy) – Also known as Form 4-903, this lease termination letter can be used to inform a tenant that the lease will not be renewed at the end of the term and that they have 30 days to move out.
Download: PDF
Table of Contents |
Eviction Laws
- Rent Grace-Period: None.
- Non-Payment of Rent: 3 days. § 47-8-33(D)
- Non-Compliance: 7 days. § 47-8-33
- Illegal Activity: 3 days. § 47-8-33(I)
- Substantial Damage to Property: 3 days. § 47-8-33(I)
- Termination (Month-to-Month Lease): 30 days. § 47-8-37
- Filing an Eviction: Chapter 47, Article 8 (Landlord-Resident Relations)
Court Forms
Petition by Owner for Restitution (NMRA, Form 4-904) – To open an eviction case against a non-compliant tenant, the landlord will need to file this form and obtain a summons at the Magistrate Court (for a fee).
Summons – Informs tenant of the hearing date and location and is served on the tenant along with the Petition and Answer.
Answer to Petition – This form gives the tenant an opportunity to file a response and appear in court.
Writ of Restitution – If the tenant is non-compliant following a decision against them, the landlord will need to request this form to have the tenant removed by the sheriff.
When is Rent Due
Rent is due to the landlord on the date specified in the lease. If it is not paid by that date, it will be considered late and the landlord can seek redress.
How to Evict (Process)
Step 1 – Before going to court to have a tenant removed, the landlord must exhaust the notice process first. Depending on the breach, the landlord must deliver one of the following notices to the tenant and then wait the requisite period of time, giving the Tenant a chance to respond:
- 3-Day Notice to Quit (Non-Payment of Rent)
- 7-Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Month to Month)
Step 2- If tenant fails to rectify the problem or move out in response to the landlord’s notice in Step 1, landlord may then go to the local magistrate court to file a Petition by Owner for Restitution and a summons with a fee of $77.00. The summons and petition must be properly served on the Tenant (for service information, see page 58 of the Renter’s Guide). It cannot be served by the Landlord. It is probably a good idea to have the sheriff serve the papers. It must be served at least 7 days before the court hearing.
Step 3 – If tenant fails to show up at the hearing and/or the landlord is successful in his or her case against the tenant, the court will issue a judgment of restitution and give the tenant a date to move out which will be no more than seven days from the date of judgment. If the tenant still fails to move out. The landlord can ask the court to issue a Writ of Restitution and then the sheriff will be authorized to remove the tenant.
How To Write (Notice To Quit)
1 – Set Up Your Documents
The New Mexico Notice To Quit form is available for download by clicking the PDF, ODT, or Word buttons. Before filling out this form make sure you have the Lease Agreement between the Landlord and Tenant available for reference.
2 – Report the Identity of the Addressee
It is important to establish the addressee of this Notice. This may be done on the empty line following the word “To.” If the Name of this individual appears on the Lease itself, make sure to provide a precise transcription. The notice shall apply to the named tenant and all other occupants.
3 – Transcribe Lease Property Address And Lease Signature Date
Review the lease as there will be some information that must be presented on this document from it. First, in the sentence starting with “The premises herein referred…” enter the Leased Property City on the first space. In the second space, enter the Leased Property’s County. In the third space, enter the Zip Code of the Leased Property. Finally, using the last two spaces fill in the Building/Street and Apartment Number.
Next, fill in the Day, Month, and Year reported as the Lease Signature Date, in the first, second, and third spaces respectively.
4 – Present Demand for Tenant Action
There will be two types of violation-based notices a Landlord may issue through this form. You may choose one of them by marking the first or second check box below the words “Check Appropriate Box.”
You may issue the Tenant a “Nonpayment” Notice by marking the first check box. You will need to fill in the Name of an Authorized Agent (if any) and the delinquent Rent Amount the Tenant has not paid in the first sentence. Then in the second sentence present the Amount of Past Due Rent the Tenant must pay and the Rental Period associated with this Past Due Amount in the appropriate areas. If this statement is selected the Tenant is given Three Days to Pay this Amount or face legal action. Once completed, simply select all the applicable boxes that determine how payments shall be accepted.
You may issue the Tenant a “Noncompliance” Notice by marking the second check box. This will give the Tenant exactly Seven (7) Days to cease violating the Lease, remedy the problem, and become compliant with the terms he or she agreed to or allow the Landlord to retake possession of the Rented Property. Enter the date (whether exact or estimated) of the violation, and then proceed to describe the noncompliance. Attach additional pages if necessary.
After, select whether this non-compliance notice is the first or second offense within a six (6)-month period.
5 – Month To Month Lease Landlord/Tenant Termination
You may issue the Tenant a “Month To Month Tenancy” Notice by placing a mark in the third check box. Then enter the intended Termination Date of the Month to Month Tenancy on the blank spaces provided. This Date must allow Thirty Days or more between the receipt of this Notice and the last day of the active lease.
You may issue the Landlord a “Month To Month Tenancy” Notice by placing a mark in the fourth check box. When selecting this option, make sure to enter the exact Date the Lease will be terminated by entering the Calendar Day, Month, and Year of the termination date on the first second, and third spaces.
6 – Landlord / Agent / Owner Signature
The paragraph at the end of the Month to Month Lease Landlord/Tenant Termination area will apply strictly to the intent of the Landlords, Owners, or the Agents of these entities. If this Notice is being issued by such an entity the Landlord/Agent Signature line must be Signed by the issuing party.
7 – Delivering the Document
The agent delivering the document must verify when it was delivered, who it was delivered to, and how it was delivered in the following section. Simply select one of the boxes available that best describes how the notice was delivered.
After, enter the Time, Date, and Name of the person who delivered the notice.
