NM · EVICT-NTC · Updated July 2026 · Free
New Mexico Eviction Notice
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New Mexico at a glance: 3-Day Pay or Quit: Required for nonpayment of rent · Court Process: Forcible entry and detainer action · Month-to-Month Notice: 30 days to terminate
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Overview
Eviction Notices in New Mexico
New Mexico's eviction process is governed by the New Mexico Uniform Owner-Resident Relations Act. For nonpayment of rent, landlords must serve a 3-day notice before filing for eviction.
New Mexico courts require compliance with statutory notice and filing procedures. Self-help evictions are prohibited, and a landlord must obtain a court judgment before removing a tenant.
Key Facts
New Mexico Eviction Notice — Quick Reference
| Requirement | New Mexico Rule |
|---|---|
| 3-Day Pay or Quit | Required for nonpayment of rent |
| Court Process | Forcible entry and detainer action |
| Month-to-Month Notice | 30 days to terminate |
| Governing Law | N.M. Stat. § 47-8-33 |
| Notice Delivery | Personal service or posting + mailing |
Legal Requirements
New Mexico Legal Requirements
- 3-day written notice required before filing for nonpayment of rent.
- Notice must state the amount owed and the deadline to pay.
- Notice must be delivered personally or posted and mailed if personal service fails.
- Self-help evictions are prohibited without a court order.
Governing Laws
New Mexico Governing Laws
N.M. Stat. § 47-8-33
Noncompliance by Resident
Requires a 3-day written notice before a landlord may pursue eviction for nonpayment of rent in New Mexico.
N.M. Stat. § 47-8-36
Prohibited Practices
Prohibits self-help evictions, including lockouts and utility shutoffs, without a court order.
Read the full text of these laws at Cornell Law School's New Mexico legal resources or your state legislature's official website.
Questions & Answers
New Mexico Eviction Notice — Frequently Asked Questions
How many days notice is required for nonpayment of rent in New Mexico?
New Mexico requires a 3-day written notice before a landlord may file for eviction due to nonpayment of rent.
What is New Mexico's eviction process called?
New Mexico calls its eviction process a forcible entry and detainer action, filed in magistrate or district court.
Can a New Mexico landlord remove a tenant's belongings without a court order?
No. Self-help evictions are illegal in New Mexico. A landlord must obtain a court judgment before removing a tenant.