New Mexico eviction laws
Notices, deadlines, court and tenant rights in New Mexico — in plain English.
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Overview
- The court case
- Petition for restitution (eviction)
- Court
- Magistrate Court, Bernalillo County Metropolitan Court, or District Court
- Main laws
- Uniform Owner-Resident Relations Act, NMSA 1978 §§ 47-8-1 to 47-8-52 (esp. 47-8-13, 47-8-33, 47-8-37, 47-8-43)
Just-cause protection
No statewide law
New Mexico has no just-cause eviction law. Periodic tenancies can be ended without a reason with proper notice, except for retaliation or discrimination. (NMSA 47-8-37, 47-8-39)
Notices before filing, by reason
What a landlord must serve before filing — and what a tenant should expect to receive.
Unpaid rent — Three-Day Notice of Nonpayment of Rent
The landlord (owner) serves a 3-Day Notice of Nonpayment of Rent. If the tenant (resident) pays the full rent due within 3 days, the rental agreement continues; otherwise the owner can file a petition for restitution.
Three-Day Notice of Nonpayment of Rent
- Notice period
- 3 days
- Counting
- 3 days from the date written on the notice as the date of delivery, posting or mailing (that date is the effective date). Do not count that day. Double-check with the court: the statute does not say whether weekends are excluded; many courts count calendar days.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Resident name(s) and rental address (including unit number)
- The rent owed, itemized, and the total amount due
- Accepted methods of payment
- Statement that the rental agreement will terminate if the full amount is not paid within 3 days
- The date of delivery, posting or mailing (effective date)
- Date and owner/agent signature, with a certificate of how and when it was served
- How to serve
- Hand it to the tenant in person; First-class mail; Post it on the door. For nonpayment, the notice is effective when hand-delivered to the resident, mailed to the resident, or posted on an exterior door of the unit (taped on all sides or placed in a notice/mail receptacle). The notice must show the date of delivery, posting or mailing. Keep a copy.
- Official form
- NM Supreme Court Civil Form 4-901, Three-Day Notice of Nonpayment of Rent
- Law
- NMSA 47-8-33(D), 47-8-13
- If the owner accepts full rent after the notice, the tenancy continues. Accepting partial rent can waive the notice unless the owner gives written notice that partial payment does not waive the right to evict (NMSA 47-8-33(E)).
- A 2025 bill (HB 462) to lengthen the nonpayment notice to 10 days did not pass; 3 days is still the law in 2026.
The tenant broke the lease or rules — Seven-Day Notice of Noncompliance with Rental Agreement
For a material violation of the rental agreement or the resident's duties, the owner serves a 7-Day Notice of Material Noncompliance. If the resident fixes the problem within 7 days, the agreement continues. A second similar violation within 6 months can be ended with a 7-day notice with no right to cure.
Seven-Day Notice of Noncompliance with Rental Agreement
- Notice period
- 7 days
- Longer notice
- For a repeat violation of the same nature within 6 months: 7-day notice with no right to cure
- Counting
- Termination date at least 7 days after the resident receives the notice; day of receipt not counted.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Resident name(s) and rental address
- The specific acts and omissions that make up the breach
- Statement that the rental agreement will terminate on a date not less than 7 days after receipt unless the breach is remedied within 7 days
- For a repeat violation: statement that it is a second similar violation within 6 months and that no cure is allowed
- Date of delivery or mailing, and owner/agent signature
- How to serve
- Hand it to the tenant in person; First-class mail; Post it on the door and mail a copy. Hand-deliver, or mail to the resident's designated address or last known residence. If posted, the notice must also be mailed by first-class mail or hand-delivered. The notice must include the date it was posted, mailed or delivered.
- Official form
- NM Supreme Court Civil Form 4-902, Seven-Day Notice of Noncompliance with Rental Agreement
- Law
- NMSA 47-8-33(A), 47-8-13
- A victim of domestic violence cannot be evicted because of the violence committed against them.
The lease ended and the tenant stayed — no notice required
When a fixed-term lease ends and the resident stays without the owner's consent, New Mexico law does not require an additional termination notice; the owner may file for restitution. If the owner accepts rent after the term, a month-to-month tenancy usually results, which requires a 30-day notice.
- Double-check with the court: Many leases require written notice of non-renewal; follow the lease. Giving a 30-day written notice before the lease ends is the safest practice.
Ending a month-to-month tenancy (no fault) — Thirty-Day Notice to Terminate Rental Agreement
A month-to-month tenancy is ended by written notice at least 30 days before the rent due date on which it ends; a week-to-week tenancy by 7 days' notice.
Thirty-Day Notice to Terminate Rental Agreement
- Notice period
- 30 days (week-to-week: 7 days, month-to-month: 30 days)
- Counting
- At least 30 days before the periodic rental date (rent due date) named in the notice as the termination date; 7 days for week-to-week. Day of service not counted.
- Tenant can fix it?
- No
- Must include
- Resident name(s) and rental address
- Statement that the rental agreement is terminated and the termination date (a rent due date)
- Date of delivery or mailing, and owner/agent signature
- How to serve
- Hand it to the tenant in person; First-class mail; Post it on the door and mail a copy. Hand-deliver or mail to the resident's designated or last known address; a posted notice must also be mailed first-class or hand-delivered.
- Official form
- NM Supreme Court Civil Form 4-903, Thirty-Day Notice to Terminate Rental Agreement
- Law
- NMSA 47-8-37, 47-8-13
- Termination within 6 months after a resident's good-faith complaint to a government agency or the owner can be presumed retaliatory (NMSA 47-8-39).
Illegal activity, violence or serious damage — Three-Day Notice of Substantial Violation
For a 'substantial violation' – such as possession, use or sale of illegal drugs on the premises, unlawful use of a deadly weapon, assault or threats of assault, gang activity, or intentional damage over $1,000 – the owner may serve a 3-Day Notice of Substantial Violation with no right to cure.
Three-Day Notice of Substantial Violation
- Notice period
- 3 days
- Counting
- Termination at least 3 days after the resident receives the notice; day of receipt not counted.
- Tenant can fix it?
- No
- Must include
- Resident name(s) and rental address
- The time, place and nature of the substantial violation
- Statement that the rental agreement will terminate on a date not less than 3 days after receipt
- Date of delivery or mailing, and owner/agent signature
- How to serve
- Hand it to the tenant in person; First-class mail; Post it on the door and mail a copy. Hand-deliver or mail; a posted notice must also be mailed first-class or hand-delivered. Include the date of service on the notice.
- Law
- NMSA 47-8-33(I), 47-8-3 (definition of substantial violation), 47-8-13
- The resident may defend by showing they did not know of and could not have prevented the violation by a household member or guest.
- Double-check with the court: The court-approved form number for the substantial-violation notice; the Metropolitan Court publishes a version.
How a tenant responds
The summons sets a trial date 7 to 10 days after the resident is served. A written answer is optional (court form 4-907); the resident should appear at the trial with any defenses and evidence. Not appearing leads to a default judgment. After judgment, a writ of restitution can usually be executed 3 days after judgment (nonpayment) or as set by the court.
Deadline: at the hearing (no fixed written-answer deadline) · Form: NM Civil Form 4-907, Answer to Petition for Restitution · NMSA 47-8-43, 47-8-46
City and local rules
- Bernalillo County (Albuquerque) cases are heard in Metropolitan Court, which offers an eviction-prevention and diversion program and posts the approved notice forms.
Official court forms
Landlords
- 4-904 NMRA — Petition by Owner for Restitution
- CV-014 — Petition by Owner for Restitution (Metro Court version)
- 4-905 NMRA — Summons and Notice of Trial on Petition for Writ of Restitution
Tenants
- 4-907 NMRA — Answer to Petition for Restitution
Sources
- NMSA 47-8-33 (Justia)
- NMSA 47-8-13 (Justia)
- NM Courts – Form 4-901 Three-Day Notice of Nonpayment
- NM Courts – Landlord/Tenant forms
Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.