New Mexico Eviction Notice Templates

A New Mexico eviction notice notifies a tenant of unpaid rent or lease violations. It provides a legally defined period to resolve the issue. If the tenant does not comply, the landlord may file for eviction.

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Last updated January 26th, 2026

A New Mexico eviction notice notifies a tenant of unpaid rent or lease violations. It provides a legally defined period to resolve the issue. If the tenant does not comply, the landlord may file for eviction.

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Pay or Quit – Sent when rent is unpaid. It gives the tenant notice that payment must be made to avoid eviction. Ignoring the notice may result in court action.

Cure or Quit – Used when a tenant breaks a lease rule that can be fixed. The notice explains the violation and gives the tenant time to correct it.

Termination of Month-to-Month Tenancy (30-Day Notice) – Notifies the tenant that the rental will end at the close of the notice period. It is commonly used when a landlord chooses not to renew.

Notice to Quit for Illegal Activity – Issued when illegal conduct occurs on the property. These notices often do not allow the tenant to cure the issue.

Eviction Laws

  • Rent Grace Period: None.[1]
  • Non-Payment of Rent: 3 days.[1]
  • Non-Compliance: 7 days.[2]
  • Illegal Activity: 3 days.[3]
  • Substantial Damage to Property: 3 days.[3]
  • Termination (Month-to-Month Lease): 30 days.[4]
  • Eviction Lawsuit Type: Owner-Resident Relations.[5]

Prohibited Landlord Actions in New Mexico

  • Utility Shutoff – A landlord may not threaten or carry out an eviction by shutting off utilities. Doing so violates New Mexico law and may expose the landlord to liability.[6]
  • Changing the Locks – Locking a tenant out or blocking access to the rental unit without a court order is illegal. Evictions must go through the judicial process.[6]

Any attempt to bypass the courts can significantly weaken a landlord’s case.

 

How to Evict a Tenant in New Mexico (Step-by-Step)

Step 1: Deliver the Required Notice

Before filing anything with the court, the landlord must give written notice based on the reason for eviction and allow the legally required time to pass:

  • 3-Day Notice to Quit (Non-Payment of Rent)
  • 7-Day Notice to Quit (Non-Compliance)
  • 30-Day Notice to Quit (Month-to-Month Tenancy)

This step is mandatory and cannot be skipped.

Step 2: File Petition and Serve the Tenant

If the tenant does not comply or move out, the landlord may file a Petition by Owner for Restitution and obtain a summons from the local Magistrate Court. The filing fee is $77.[7]

The petition and summons must be properly served on the tenant—the landlord may not serve the papers themselves. Service must occur at least seven days before the hearing, and using the sheriff is strongly recommended.

Step 3: Attend Hearing and Obtain Restitution

If the tenant does not appear or the court rules in the landlord’s favor, the judge will issue a Judgment of Restitution and set a move-out deadline of no more than seven days.

If the tenant still refuses to leave, the landlord may request a Writ of Restitution, allowing the sheriff to physically remove the tenant.

 

Court Forms & Resources

  • Petition by Owner for Restitution (NMRA, Form 4-904) – This form initiates an eviction case and is filed with the Magistrate Court along with a request for a summons.
  • Summons – Notifies the tenant of the court date, time, and location. It must be served with the petition and answer form.
  • Answer to Petition – Allows the tenant to formally respond and present defenses.
  • Writ of Restitution – Issued after judgment if the tenant fails to vacate, authorizing the sheriff to remove them from the property.

Sources

  1. § 47-8-33(D)
  2. § 47-8-33(A)
  3. § 47-8-33(I)
  4. § 47-8-37(B)
  5. Chapter 47, Article 8 (Owner-Resident Relations)
  6. § 47-8-36(A)
  7. Filing Fees for Magistrate Courts | NMCourts.gov