The New Mexico eviction notice is a form used by landlords to begin removing a tenant from their property. This document must be issued under the state’s landlord-tenant laws, which dictate the reasons for eviction and the required notice period. Typically, evictions in New Mexico occur for non-payment of rent, violation of lease terms, or illegal activities conducted on the premises.
Landlords must provide a three-day notice to pay or vacate for non-payment of rent. If the tenant fails to comply within this period, the landlord can proceed with filing an eviction lawsuit. The notice period varies for lease violations or illegal activities, providing the tenant time to remedy the situation or face proceedings under New Mexico law. So, depending on the situation, you may need to use a specific eviction notice template, fill it out, and send it to the tenant.
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Under Section 47-8-33 of the New Mexico Statutes Annotated, landlords must adhere to strict procedures when evicting a tenant. This section outlines the requirements for landlords to provide written notices for various breaches of a rental agreement.
For example, suppose a tenant violates the agreement in a way that affects health and safety. In that case, the landlord must give a notice detailing the breach and provide 7 days for the tenant to remedy the issue. If the tenant fails to remedy the breach, the landlord may proceed to terminate the rental agreement.
Further complications arise with repeated breaches. If a tenant commits a second material noncompliance within six months of the first, the landlord must issue another notice with a 7-day remedy period. However, if this second breach occurs more than six months after the first, it is treated as a new initial breach, restarting the process outlined in the statutes.
Rent-related evictions are more straightforward. If rent is overdue, the landlord can issue a three-day notice to pay or vacate. Failure to pay within these three days allows the landlord to terminate the rental agreement and take legal action to regain possession of the property.
| Rent Grace Period | Not Specified |
| Notice of Non-Payment | 3 days |
| Notice of Non-Compliance | 7 days |
| State Laws | New Mexico Statutes Annotated, Sections 47-8-1 to 47-8-52 |
In New Mexico, several types of eviction notices are used, depending on the circumstances of the violation.
3-Day Notice for Nonpayment of Rent
This notice is employed when a tenant fails to pay rent on time. According to Section 47-8-33 of the New Mexico Statutes Annotated, the tenant is given three days to pay the overdue rent in full or vacate the premises. Failure to comply with this notice allows the landlord to initiate legal proceedings to evict the tenant.
3-Day Notice for Substantial Violation
When a tenant commits a serious violation, such as engaging in illegal activities on the property, they receive a 3-day notice. This stringent measure reflects the breach’s severity, giving the tenant only three days to vacate.
7-Day Notice for Breach of Rental Agreement
The landlord issues a 7-day notice for rental agreement violations unrelated to rent payment, such as unauthorized occupants or pets. This notice requires the tenant to correct the violation within seven days or leave the property, providing a clear path for landlords to enforce the lease terms, as stipulated in Section 47-8-33.
30-Day Notice for Month-to-Month Lease Termination
Under Section 47-8-37, the landlord or the tenant can terminate a month-to-month rental agreement by providing a 30-day written notice before the rental period ends. This notice allows both parties to end the lease without long-term commitments while providing sufficient time to arrange alternative accommodations or find a new tenant.
The eviction process in New Mexico is a legally structured procedure that ensures both landlords and tenants have their rights protected.
Complete and Deliver Eviction Notice
The eviction process begins when the landlord issues a formal notice to the tenant. This notice must specify the breach’s acts and omissions, including detailed descriptions and dates.
Note that Section 47-8-36 prohibits landlords from unlawfully removing tenants or diminishing their services without a court order. It includes changing locks, blocking entrances, interfering with utilities, or removing personal property.
Waiting Period
After serving the notice, the landlord must wait the legally required period, allowing the tenant time to address the breach. This waiting period is crucial for compliance and varies depending on the nature of the breach — 3 days for unpaid rent and 7 days for other rental agreement violations or substantial violations as described in the notice.
Filing for Eviction
If the tenant fails to remedy the breach within the specified time or if the second material noncompliance occurs within six months of the first, the landlord may proceed to file an eviction lawsuit. The lawsuit is filed in the local court, and the landlord must provide all necessary documentation, including evidence of the issued notice and the tenant’s failure to comply.
Court Hearing and Judgment
The court then schedules a hearing where both parties can present their arguments. If the landlord proves the tenant’s noncompliance, the court may issue a Writ of Restitution, ordering the tenant to vacate the premises. The writ may be dismissed if the tenant remedies a rent-related issue within 3 days of a court judgment. Otherwise, the landlord can enforce the writ and regain possession of the property.
Other Eviction Notice Forms by State