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)
How to Write
Step 1 – At the top of the form, you must enter the names of all tenants along with the address of the rental unit. If the rental space is an apartment, include the name of the apartment complex (if any) and the apartment number.
Step 2 – Due to the language of the agreement, enter the tenant’s address again in the next paragraph. Next, enter the date in which the tenant failed to pay rent (usually on the first of the month) and describe the manner in which they failed to pay rent.
Step 3 – There will be a series of violations to choose from, just ignore if the tenant is only being accused of failure to pay rent.
Step 4 – Enter the date (no less than 3 days of notice) the tenant must vacate if the rent goes unpaid.
Step 5 – Pending a date and signature at the bottom, the notice will be complete. Once delivered to the tenant, use the bottom of the form to mark off the way in which the notice is served by also marking down the date and time.