The New Mexico thirty (30) day lease termination letter, pursuant to Section-47-8-37, may be used to inform a month-to-month tenant of the landlord’s intention to terminate the rental agreement. Under New Mexico law, the landlord can cancel the rental/lease agreement of an “at-will” (as well as standard) tenancy, but the tenant must receive a minimum of thirty (30) days notice prior to the date of termination. If the tenant fails to move out by the end of the 30th day of the notice period, the landlord can file an eviction lawsuit in court. Note: The notice should be served to
New Mexico Eviction Process & Laws | Free NM Eviction Notices
The New Mexico seven (7) day notice to comply or quit, known as CV-106 and associated with Section 47-8-33, that allows the landlord to send this form to the tenant for a violation of the lease agreement. If the tenant breaks the same term or condition of the lease twice in a six (6) month period this form may be used as an incurable notice forcing the tenant to move off the premises within the seven (7) day time period with no recourse. Download: .PDF How to Write Step 1 – Enter the name(s) of the tenant(s) in the “To” input
The New Mexico three (3) day notice to pay or quit, known as ‘Form CV-105’ in accordance with Section 47-8-33(D), is required to be served to tenants who have failed to pay rent (in accordance with the lease/rental agreement). The notice informs the tenant that they must pay the past due amount within three (3) days of being served, and that if they do not pay the back rent by the end of the third day, the landlord can file an eviction lawsuit (known in New Mexico as a “Petition by Owner for Restitution”). Download Link: .PDF format (link opens in a
How to Evict a Tenant (Process)
The eviction process in New Mexico is initiated when the landlord serves the tenant an eviction notice. There are three major types of eviction notices; the thirty (30) day termination letter, the seven (7) day notice to cure, and the three (3) day notice to pay/quit. The 30 day termination notice is used to inform the tenant that the lease is being terminated, and that they have 30 days to vacate the rental property. The seven day notice is used when a tenant has violated the lease agreement, the notice provides the tenant with seven days to fix (i.e. “cure”) the violation. There are two different types of three day notices: the three day notice of substantial violation, and the three day notice to pay/quit. The three day notice to pay is one of the more common types of eviction notices used in New Mexico. The notice provides the tenant with three (3) days to pay the past due rent. If the tenant fails to comply with the demands of the notice, the landlord can file an eviction lawsuit in court (otherwise known as a “Petition by Owner for Restitution”).
Step 1 – The landlord must serve the tenant with the proper notice.
Note: The tenant must be given the full notice period to pay/cure the violation/move out of the rental unit before the landlord can file the eviction lawsuit.
Step 2 – After the notice period has lapsed (without any action taken by the tenant), the landlord can file the eviction lawsuit in court (the “petition by owner for restitution”). When the petition is filed, the clerk will give the landlord a service packet. The service packet contains the trial date/time, summons, petition, and a blank “answer to petition.”
Step 3 – The tenant must be served the service packet at least seven days before the date of the trial. The landlord cannot serve the packet personally, it must be served by a third party (such as the sheriff’s office, or a private process server). After the packet has been served, the person who served it must fill out the “return of service” section on the back of the summons. The landlord is required to file the return of service before the trial date. The tenant has until the day of the trial/hearing to file an answer to the petition.
Note: Both parties must appear in court on the date of the trial. Failure of either party to do so may result in the lawsuit being dismissed.
Step 4 – If a judgement is made in favor of the landlord (otherwise known as a “judgement for restitution”), an eviction date will be set by the judge. The date of eviction is typically three to seven days after the judgement has been issued.
Step 5 – If the tenant does not move out by the eviction date, the landlord can request that a “writ of restitution” be issued. The writ will order the sheriff’s office to oversee the eviction of the tenant.
Note: After the writ has been issued by the clerk, the landlord must deliver it to the sheriff’s office.