Updated July 18, 2023
A New Mexico Notice to Quit (Non-Payment), also referred to as Form 4-901, is a document used to inform a tenant that their rent is past due. The notice gives the tenant two options; to pay rent in full within three (3) days or deliver possession of the dwelling. If the tenant tenders the full amount due prior to the expiration of the three (3) day notice, the tenancy shall continue without action. If the owner decides to assess a late fee for the non-payment of rent, the amount cannot exceed ten (10) percent of the total rent paid for each rental period that the resident is in default.
When delivering the written notice to the tenant, it is required to be delivered in hand or mailed with a return receipt to the tenant’s place of residence. In the absence of their presence, deliver it to their last known place of residence and tape it to a door, with all four corners securely affixed.
Laws – N. M. S. A., § 47-8-33(D)