New Mexico Eviction Laws: Notice Requirements, Process, and Timelines

New Mexico handles evictions through Magistrate Court (or Metropolitan Court in Albuquerque) using “Petition for Restitution” proceedings governed by the Uniform Owner-Resident Relations Act (NMSA 47-8-1 through 47-8-52). The state uses 3-day notices for nonpayment and substantial violations, 7-day notices for lease violations, and 30-day notices for terminating month-to-month tenancies. New Mexico has unique features including a “300-foot rule” for substantial violations and strong domestic violence protections. Below you’ll find everything landlords need to know.

New Mexico Eviction Laws

Comprehensive guide to New Mexico's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Magistrate Court (Metro Court in Albuquerque) or District Court - Petition for Restitution (NMSA § 47-8-41).

⚡ Quick Overview

3

Days Notice (Nonpayment)

7 (curable); 3 (substantial/criminal); 30 (periodic tenancy termination)

Days Notice (Violation)

14-49

Avg Total Days

$$80-157 (magistrate); $212 (district)

Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 3-Day Notice of Nonpayment of Rent

Notice Period 3 days

Tenant Can Cure? Yes - tenant can pay full amount within 3 days to bar eviction action; also right to cure after judgment in disputed cases

Days to Hearing 7-10 (trial set 7-10 days after service of summons) days

Days to Writ 3-7 days after judgment (court discretion) days

Total Estimated Timeline 14-49 days

Total Estimated Cost $150-500

⚠️ Watch Out

CRITICAL: Rent must be 3 days past due before notice can be served. Tender of full amount due before expiration of 3-day notice bars any action for nonpayment (§ 47-8-33(D)). In disputed cases where tenant claims rent abatement or landlord allocated rent to damages, court enters writ conditioned on tenant's right to remedy within 3 days of judgment entry. Notice must use substantially similar form to § 47-8-56(a). Late fees capped at 10% of monthly rent (§ 47-8-15(D)). No state grace period beyond the 3 days. Filing fee: $80 magistrate + $30 per additional defendant; $157 Metro Court. Hearing set 7-10 days after service. Either party can request 7-day continuance. Tenant can appeal to district court within 10 days (magistrate) or 30 days (district); must pay rent or escrow within 5 days of appeal (§ 47-8-47).

📜 Eviction Laws Main 📊 Compare This State

📋 Lease Violation

Notice Type 7-Day Notice to Cure or Quit (curable) / 3-Day Unconditional Quit (substantial violation/criminal)

Notice Period 7 (curable); 3 (substantial/criminal); 30 (periodic tenancy termination) days

Tenant Can Cure? Yes for 7-day curable violations; No for 3-day substantial violations or criminal activity; No for repeat within 6 months

Days to Hearing 7-10 after service days

Days to Writ 3-7 days after judgment days

Total Estimated Timeline 21-60 days

Total Estimated Cost $150-500

⚠️ Watch Out

7-day notice for curable lease violations (must specify breach and corrective action). If tenant cures within 7 days = no termination. If same violation within 6 months = 7-day unconditional quit (no cure). 3-day unconditional quit for: substantial violations (over $1000 damage), criminal activity, drug-related offenses, threats to health/safety (§ 47-8-33(C)). For seasonal tenants violating noise/overcrowding ordinances or tenants violating § 47-8-24(8)(9)(10) = no notice required before filing. Month-to-month termination: 30-day notice. Week-to-week: 7-day notice.

📜 Eviction Laws Main 📊 Compare This State

📬 Service of Process

Service Methods Personal delivery by any person 18+ not a party to the action; certified mail return receipt; posting + mailing if personal fails

Proof Required Yes - return of service filed before hearing

Posting Allowed Yes - if personal service fails; post at premises + mail first-class

Service of Process Fee $25-60

📝 Service Notes

For notice: owner/agent can serve. For court summons: any person 18+ not party. If mailed summons: return receipt within 23 days or use other method. Summons served at least 5 days before hearing for nonpayment.

🏛️ Court & Legal Information

Court Magistrate Court (Metro Court in Albuquerque) or District Court - Petition for Restitution (NMSA § 47-8-41)

Filing Fee (Approx) $$80-157 (magistrate); $212 (district)

Attorney Required No

Attorney Recommended Yes

Mandatory Mediation Available at court's discretion; judge may refer parties to facilitation/mediation (§ 47-8-48)

Jury Trial Available No in magistrate court; Yes on appeal to district court

Recover Attorney Fees Yes - if tenant's nonpayment was willful and tenant received demand notice within prior 6 months (§ 47-8-35(d)); holdover: reasonable attorney fees if willful (§ 47-8-37(C))

Recover Back Rent (Same Filing) Yes - rent due through date of hearing recoverable plus court costs

Recover Costs from Tenant Yes - court costs recoverable

Default Judgment Available Yes - if tenant fails to file answer/appear

Default Judgment Timeline At hearing

Statute Citation NMSA § 47-8-33(D); § 47-8-41; § 47-8-42

Self-Help Eviction Allowed No - strictly prohibited; tenant can recover actual damages + 2 months rent or 2x actual damages (whichever greater) + attorney fees (§ 47-8-48)

Local Overrides Common Limited - Albuquerque has some additional protections

🕐 Common Delays

Tenant paying within 3 days; 7-day continuance requests; appeal with escrow; disputed rent amounts

🔗 Official Court Website 📜 State Statutes

⚖️ Appeals & Post-Judgment

Appeal Window 10 (magistrate); 30 (district court) days

Appeal Stays Eviction Yes - tenant must pay rent or escrow within 5 days of filing appeal (§ 47-8-47)

Tenant Pay and Stay Yes - STRONG: tender of full amount before 3-day notice expires bars any action. Also: if no demand notice in prior 6 months, tenant can cure by paying full rent + court costs at hearing (§ 47-8-35(e)). In disputed amount cases: 3-day cure after judgment (§ 47-8-33(E)).

Tenant Auto-Continuance Either party may request 7-day continuance for good cause

Writ Executed By Sheriff

Writ Execution Timeline 3-7 days after judgment (judge sets move-out deadline); then writ if tenant stays

Writ Execution Fee $25-75

🔒 Lockout Procedure

Sheriff executes writ of restitution; tenant given 3-7 days to vacate voluntarily after judgment before writ requested

📦 Tenant Property & Abandonment

Abandonment Period 3 (§ 47-8-34.1(C)) days

📋 Abandonment Rules

After 3 days landlord does not have to store property. Landlord may charge reasonable costs for moving/storing. Must follow § 47-8-34 rules for disposal. Landlord can sell unclaimed property after proper notice.

🏦 Security Deposits

Return Deadline 30 days

Maximum Deposit No statutory cap (typically 1 month; interest required on amounts exceeding 1 month for leases over 1 year)

📝 Deposit Details

30-day return with itemized deductions. Must hold in separate interest-bearing account. Interest on deposits exceeding 1 month's rent for leases over 1 year. Normal wear and tear cannot be deducted. Failure to return = tenant recovers full deposit + up to $250 damages + court costs + attorney fees (§ 47-8-18). Landlord forfeits right to assert independent damage action if fails to comply.

💵 Late Fees

Late Fee Cap Yes - 10% of monthly rent (§ 47-8-15(D))

📝 Late Fee Rules

Late fees capped at 10% of monthly rent. Must be disclosed in lease. No mandatory grace period in statute. Landlord cannot charge late fees on subsidized housing where rent is income-based.

🛡️ Tenant Protections

Retaliatory Eviction Protection Yes (§ 47-8-39)

Retaliation Window 6 months after protected activity

Rent Control No - state preemption (NMSA § 47-8A-1)

📝 Rent Control Details

Rent control prohibited statewide including at local level (§ 47-8A-1). 30-day notice required for rent increase on month-to-month.

COVID Protections Active No

Fair Housing (State Additions) Pregnancy; marital status; ancestry; gender identity; spousal affiliation (NMSA § 28-1-7(G))

🏙️ Local Overrides & City-Specific Rules

Cities with Overrides Albuquerque; Santa Fe; Las Cruces

📝 Local Override Details

State preempts rent control but cities may have additional housing code requirements. Albuquerque Metro Court handles most evictions in Bernalillo County. Santa Fe has some additional tenant notification requirements.

Underground Landlord

📝 New Mexico Eviction Process (Overview)

1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
3. File an eviction case with the Magistrate Court (Metro Court in Albuquerque) or District Court - Petition for Restitution (NMSA § 47-8-41). Pay the filing fee (~$$80-157 (magistrate); $212 (district)).
4. Tenant is served with a summons and has the opportunity to respond.
5. Attend the court hearing and present your case.
6. If you prevail, obtain a writ of possession from the court.
7. Law enforcement executes the writ and removes the tenant if necessary.

🏛️ Courthouse Information and Locations for New Mexico

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ℹ️ Notes

ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity

⚠️ Disclaimer: This page provides general information about New Mexico eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified New Mexico attorney or local legal aid organization.

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Underground Landlord

🔍 Reduce Your Risk Before Signing a Lease: New Mexico landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in New Mexico — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need New Mexico's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.

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Disclaimer: This is general educational information, not legal advice. Consult a qualified New Mexico attorney for specific legal guidance.

Governing Law and Court System

New Mexico evictions are governed by the Uniform Owner-Resident Relations Act (UORRA), codified at NMSA 1978, Sections 47-8-1 through 47-8-52. The Act’s stated purpose is to encourage owners and residents “to maintain and improve the quality of housing in New Mexico.”

Eviction cases are typically filed in:

• Magistrate Court – handles most residential evictions (filing fee approximately $77-$157)
• Metropolitan Court – handles cases in Bernalillo County (Albuquerque)
• District Court – handles some cases, especially those involving larger monetary claims (filing fee approximately $132)

Self-help evictions are strictly prohibited. Under NMSA 47-8-36, landlords cannot change locks, shut off utilities, remove tenant belongings, or otherwise exclude tenants without a court order. Penalties for illegal eviction can include three times the monthly rent or actual damages, whichever is greater, plus attorney’s fees.

Legal Grounds for Eviction

New Mexico landlords may evict for:

• Nonpayment of rent
• Material noncompliance with the lease agreement
• Violation of tenant duties (NMSA 47-8-22)
• Substantial violations (criminal activity within 300 feet)
• Repeat violations within six months
• Holdover after lease expiration
• Termination of periodic tenancy

Notice Requirements by Violation Type

Nonpayment of Rent: 3-Day Notice to Pay or Quit

When a tenant fails to pay rent when due, the landlord may serve a 3-Day Notice to Pay or Quit (Form 4-901). (NMSA 47-8-33(D))

• New Mexico has no statutory grace period—rent is late the day after it’s due
• If the lease includes a grace period, it must be honored
• Tenant can cure by paying full amount due within 3 days
• Important: Payment within the notice period bars any action for nonpayment
• If tenant disputes amount due (rent abatement or damage allocation), court may enter conditional judgment with 3-day right to cure after judgment

Lease Violations: 7-Day Notice to Cure or Quit

For initial material noncompliance with the lease or violations affecting health and safety, landlords must serve a 7-Day Notice of Noncompliance (Form 4-902). (NMSA 47-8-33(A))

• Notice must specify the acts and omissions constituting the breach
• Must include dates and specific facts describing the violation
• Must state tenancy terminates if not cured within 7 days
• Notice must be served within 30 days of the breach (NMSA 47-8-33(C))
• Must warn that a repeat violation within 6 months results in termination

Repeat Violations: 7-Day Unconditional Notice to Quit

If the tenant commits the same or similar violation within six months of an initial 7-day notice, the landlord can serve an unconditional 7-Day Notice to Quit with no right to cure. (NMSA 47-8-33(B))

• If more than 6 months pass between violations, the new violation is treated as an initial breach

Substantial Violations (Criminal Activity): 3-Day Unconditional Notice to Quit

For “substantial violations,” landlords may serve a 3-Day Unconditional Notice to Quit (Form 4-901A) with no right to cure. (NMSA 47-8-33(I))

The 300-Foot Rule: Substantial violations include conduct that occurs on the premises OR within 300 feet of the premises. This geographic scope is broader than most states.

Substantial violations include:

• Possession, use, sale, distribution, or manufacture of controlled substances (except misdemeanor possession)
• Unlawful use of a deadly weapon
• Actions causing serious physical harm to another person
• Sexual assault or sexual molestation
• Unauthorized entry into another person’s dwelling or vehicle
• Theft or attempted theft using force or threat of force
• Intentional or reckless property damage exceeding $1,000

Termination of Periodic Tenancies

• Week-to-week: 7-day written notice before the termination date (NMSA 47-8-37(A))
• Month-to-month: 30-day written notice before the periodic rental date (NMSA 47-8-37(B))

Fixed-Term Lease Expiration

For a fixed-term lease, no notice is required if the tenant holds over—the landlord can file for eviction immediately. If the holdover is willful and not in good faith, the landlord may also recover damages and attorney’s fees.

Notice Timing Rules

Weekend/Holiday Extension: If the last day to cure falls on a weekend or federal holiday, the period to remedy is extended to the next business day. (NMSA 47-8-33(H))

Filing the Eviction Lawsuit

After the notice period expires without cure (or immediately for uncurable violations), the landlord files a Petition by Owner for Restitution (Form 4-904) with the Magistrate or District Court.

Required documents:

• Completed Petition for Restitution
• Copy of the lease agreement
• Copy of the notice served
• Proof of service of the notice
• Rent ledger (for nonpayment cases)

Filing fees:

• Magistrate Court: approximately $77-$157
• District Court: approximately $132

Monetary claims can be included in the petition but are tried separately from the possession claim.

Service of Summons and Petition

The court issues a Summons and Notice of Hearing (Form 4-905B), which must be served 7-10 days before the hearing date.

Service methods (District Court):

• Personal delivery to the tenant or tenant’s attorney
• Facsimile or email (when permitted by court rules)
• Leaving with a person of suitable age and discretion at the residence
• Leaving at a place designated by the court
• Mailing by first class mail with proof of mailing
• If all else fails: service on employer + mailing to last known address and workplace

In Magistrate Court, the fifth option (employer service) is not available.

Service must be by the sheriff or any person over 18 who is not a party to the action.

The Court Hearing

The hearing must be scheduled 7-10 days after service of the summons. (NMSA 47-8-43)

Either party may request a continuance of up to 7 additional days for good cause (to find legal representation, gather evidence, etc.).

At the hearing:

• Landlord presents evidence of notice compliance and grounds for eviction
• Tenant may file an Answer to Petition (Form 4-907) raising defenses
• Judge may issue immediate judgment or set case for trial

Key rule: Relief can only be granted based on grounds stated in the written notice. (NMSA 47-8-33(G))

Judgment and Writ of Restitution

If the landlord prevails, the court enters a Judgment for Restitution (Form 4-909A) terminating the rental agreement.

The court sets an eviction date no less than 3 days and no more than 7 days from the hearing. (NMSA 47-8-46)

If the tenant doesn’t vacate by the eviction date, the landlord requests a Writ of Restitution (Form 4-910) from the court clerk, authorizing the sheriff to remove the tenant.

Important: Only the Sheriff’s Office can execute the eviction—landlords cannot conduct self-help removal even after judgment.

Appeal Process

Either party may appeal to District Court within 15 days of judgment entry.

Tenant’s appeal can stay eviction if, within 5 days of filing the appeal, the tenant pays into an escrow account:

• All rent owed through the end of the current rental period
• Continuing rent payments as they become due during appeal

If the tenant fails to make escrow payments, the court schedules a hearing within 10 days and may lift the stay and issue the writ of restitution.

Domestic Violence Protections

New Mexico provides significant protections for domestic violence victims (NMSA 47-8-33(J-L)):

• Domestic violence is a defense to eviction based on substantial violations
• If tenant has filed for or obtained a temporary restraining order, the writ of restitution shall not issue
• Court has discretion to evict only the perpetrator while allowing victim’s tenancy to continue
• Defense also available if tenant couldn’t have reasonably known of or prevented another’s substantial violation
• Victims can terminate lease with 30 days’ notice by providing copy of protective order or police report

Additional Tenant Defenses

• Improper notice: Notice failed to meet statutory requirements
• Habitability: Landlord failed to maintain premises (NMSA 47-8-20)
• Rent abatement: Tenant properly withheld rent for landlord’s noncompliance
• Retaliation: Eviction in response to tenant exercising legal rights (NMSA 47-8-36)
• Self-defense: Tenant’s actions were lawful self-defense
• Lack of knowledge: Tenant couldn’t have known of or prevented guest’s violation

Abandoned Property

After the writ is executed, if the tenant leaves personal property behind, the landlord has no obligation to store it for more than 3 days. After 3 days, the landlord may dispose of or sell the property unless the lease specifies otherwise. (NMSA 47-8-34.1(C))

Anti-Retaliation Protections

Landlords cannot evict in retaliation for tenant’s (NMSA 47-8-36):

• Complaints about code violations to authorities
• Complaints about habitability to landlord
• Fair housing complaints to government agencies
• Rent abatement for landlord’s noncompliance
• Prevailing in litigation against landlord
• Exercising rights under the UORRA

Typical Timeline

• Nonpayment (uncontested): 2-3 weeks
• Lease violations (with cure period): 3-5 weeks
• Substantial violations: 2-3 weeks
• Contested cases: 4-7 weeks
• With appeal: Several additional months

Best Practices for New Mexico Landlords

• Use official New Mexico court forms (available at nmcourts.gov)
• Be specific in notices—include dates, facts, and nature of breach
• Serve 7-day notices within 30 days of discovering the violation
• Include the “repeat violation” warning in initial 7-day notices
• Document all substantial violations carefully—they must meet specific statutory criteria
• Remember the 300-foot rule applies to substantial violations
• Never accept rent after serving notice unless restarting process
• Use sheriff or adult non-party for service of process
• Bring complete documentation to hearing (lease, notices, proof of service, rent records)
• Be prepared for monetary claims to be tried separately
• Never attempt self-help eviction—penalties are significant

Quick Reference: New Mexico Eviction Rules

• Nonpayment of rent: 3-day notice (tenant can cure by paying in full)
• Lease violations: 7-day notice with right to cure
• Repeat violations (within 6 months): 7-day unconditional notice
• Substantial violations (300-foot rule): 3-day unconditional notice
• Week-to-week termination: 7-day notice
• Month-to-month termination: 30-day notice
• 7-day notice must be served within 30 days of breach
• Summons served 7-10 days before hearing
• Continuance allowed: up to 7 days
• Eviction date after judgment: 3-7 days
• Appeal deadline: 15 days
• Abandoned property storage: 3 days minimum
• Filing fees: $77-$157 (Magistrate), ~$132 (District)
• Self-help penalty: 3x monthly rent or actual damages
• Governing law: NMSA 47-8-1 through 47-8-52

Bottom line: New Mexico’s Uniform Owner-Resident Relations Act provides a structured eviction process with clear notice requirements and strong tenant protections, particularly for domestic violence victims. The “300-foot rule” for substantial violations is unique and expands landlord options for drug and criminal activity. Weekend/holiday extensions apply to cure periods. Process moves relatively quickly when proper procedures are followed, with typical timelines of 2-5 weeks for uncontested cases.