Home » New Mexico Eviction Laws and Eviction Process

New Mexico Eviction Laws and Eviction Process

SherRon Marcek

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Eviction Laws
New Mexico landlord tenant laws, New Mexico eviction laws, New Mexico renters’ rights, New Mexico Eviction Process

A reference of New Mexico Eviction Laws, and steps of the New Mexico eviction process for landlords and renters, updated 2021.

  • What notice do New Mexico eviction laws require that landlords provide tenants before starting the eviction process? For all evictions in New Mexico, the notice must provide specific details about the tenant’s acts that give grounds for eviction, including the specific acts and dates. The eviction notice must state when the lease will terminate if the problem is not remedied. (N.M. Stat. Ann. § 47-8-33)
    • For evictions based on non-payment of rent, the landlord must provide a 3-day notice. (N.M. Stat. Ann. § 47-8-33(D))
    • For evictions based on illegal activity, the landlord must provide a 3-day notice. N.M. Stat. Ann. § 47-8-33(I)).
    • For evictions based on substantial damage to property, the landlord must provide a 3-day notice. (N.M. Stat. Ann. § 47-8-33(I))
    • For evictions based on non-compliance with the lease, the landlord must provide 7-days’ notice. The tenant has seven days to fix the problem. If they do fix it, they will not be evicted. However, if they breach the lease again within six months, they will receive a second 7-day notice and will not have the right to fix it. (N.M. Stat. Ann. § 47-8-33)
  • The landlord can end a month-to-month tenancy by providing a 30-day notice. A landlord can end a week-to-week tenancy by providing a 7-day notice. If the tenant holds over the tenancy not in good faith, the landlord can seek damages and attorney’s fees. (N.M. Stat. Ann. § 47-8-37)
  • Do New Mexico eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities? 
    • No. New Mexico law prohibits self-help measures, including changing, adding, or removing any locks, blocking entrance into the rental unit, interfering with essential utility services, and removing the tenant’s personal property. If the landlord takes any of these actions, the tenant can seek damages equal to one day’s rent per each day the tenant is denied possession and other damages. (N.M. Stat. Ann. § 47-8-36).

New Mexico Eviction Process: Step-by-Step

The eviction process in New Mexico includes the following steps:

  1. The landlord serves the eviction notice. The landlord must serve the appropriate type of eviction notice on the tenant.  eviction notice on the tenant. 
  2. The landlord files an eviction lawsuit. If the tenant fails to pay the rent or take other action to cure their violation of the breach of the lease, the landlord can initiate the eviction process in New Mexico. The landlord prepares a petition by owner for restitution that provides the necessary information about the breach of the lease. The landlord also has a summons and notice of trial issued that explains that there is a legal action against the tenant and notifies the parties when the trial will be held.
  3. The tenant answers the petition. The tenant can fight the eviction by preparing an answer to the petition for restitution
  4. Parties attend the hearing. The parties attend the hearing. Each presents their side of the case. The judge decides whether to grant the landlord relief or to dismiss the case. 
  5. Landlord arranges for eviction The landlord works with local law enforcement to have the tenant removed from the property. 

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**Blog Article Disclaimer*

This blog article is provided for informational purposes only and does not constitute legal advice. The content is intended to offer general information and should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances.

While we strive to keep the information accurate and up-to-date, laws and regulations are subject to change, and the legal landscape may vary based on jurisdiction. Therefore, we make no representations or warranties regarding the completeness, accuracy, reliability, or suitability of the information contained in this article.

Reading, accessing, or using the information provided in this blog does not create an attorney-client relationship between the reader and the author, and any reliance on the information is at your own risk. If you require legal advice or assistance, it is crucial to consult with a qualified attorney who can consider the specifics of your situation and provide advice accordingly.

The author and the platform disclaim any liability for any loss or damage incurred by individuals or entities as a result of the information presented in this blog. We recommend consulting a legal professional before making decisions or taking action based on the information provided in this article.

This disclaimer is subject to change without notice, and it is the responsibility of the reader to review and understand the disclaimer before relying on the information contained in the blog article.

PayRent is on a mission to build a rent collection app that fosters a positive and productive relationship between renters and landlords. We focus less on transactions and more on the people behind them.

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