Eviction notices in the State of New Mexico are important legal documents used to evict a legal tenant. They are typically regulated by various state statutes.
In New Mexico, several eviction laws have been established to facilitate a fair and balanced relationship between landlords and tenants, as well as protect their rights.
However, it’s as important for landlords to understand the eviction rules and procedures, as it is for the tenants.
On one hand, it helps the landlord to avoid delayed procedures, civil lawsuits, unfavorable court judgments, etc.
It also helps protect the rights of the tenants and protects them from unlawful notice or tenancy termination.
In this article, we’ve covered the different types of eviction notices and the associated legal processes in New Mexico.
Eviction Laws in the State of New Mexico
The primary law that governs the eviction process in the State of New Mexico is the New Mexico Statutes Annotated (1978), also known as the New Mexico Uniform Owner-Resident Relations Act (NMUORRA) – 2019.
Specifically, NM Stat § 47-8 provides for the legal framework for landlord-tenant relationships, as well as the eviction process. It delineates specific grounds for eviction, required notices, and procedures landlords must follow to properly remove a tenant.
The New Mexico eviction process is also regulated by the NM Rules of Civ Proc for Dist Ct Rule 1-004 and NM Rules of Civ Proc for Magistrate Ct Rule 2-202. These rules stipulate the eviction process for a legal tenant in a court of competent jurisdiction. It states the summon process, filing of pleadings, and much more.
Eviction laws in New Mexico have undergone numerous changes and amendments that seek to protect tenants’ rights and prohibit any retaliatory acts.
Types of Rental Agreements in New Mexico
There are numerous types of rental agreements in New Mexico. These are;
Standard Residential Lease Agreement:Â This is a legally binding contract between a landlord and a tenant. It outlines every essential part of the agreement including the parties’ information, details of the property, rent amount, duration of the lease, etc.
Month-to-Month Lease:Â This is a contractual lease agreement with no specific end date. Therefore, the tenant leases the property from the landlord every month. The tenancy automatically renews itself and can be terminated by either party with the required notice.
Sublease Agreement:Â This agreement consists of re-renting the leased property by the existing tenant (sublessor) to another third party (the sublessee). This is typically done with the consent of the landlord.
Roommate Agreement:Â This is a contractual agreement between two or more individuals living together. It usually contains rules and regulations as to the living arrangements, rent payments, expenses, chores, and many more.
Commercial Leases:Â This is a rental arrangement for the possession of commercial property such as industries, factories, retail space, offices, etc. It is usually more costly compared to residential homes and requires specific rules as to its management.
Rent-to-Own Agreement:Â This is a contractual rental arrangement that leases a property to the tenant with the option of purchasing it at a future date.
Grounds for Eviction
In New Mexico, a landlord can not evict a tenant without having a just cause for such action. However, the law has specified various reasons and notice requirements for evicting a legal tenant in the state. These are;
Failure to Pay Rent
Unless otherwise provided in the lease agreement, rent is considered due at the beginning of each month, a day after its due date.
Therefore, where a tenant fails to pay rent before it is late, the landlord can issue an eviction notice under New Mexico laws.
Landlords are not expected to give the tenant a grace period. However, where the lease agreement calls for it, then the landlord must stand by it.
Violation of Lease Terms
In New Mexico, a landlord can evict a tenant for noncompliance with the provisions of the lease agreement.
As such, where the tenant breaches a term in the lease agreement, the landlord can serve an eviction notice to either fix the violation or vacate the premises.
Examples of some lease violations are;
- Keeping/breeding pets in a non-pet property;
- Exceeding the maximum number of occupancy in the rental unit;
- Subletting without the landlord’s consent;
- Failing to maintain the rental property in a clean and sanitary way;
- Causing minor damages to the rental; etc.
Illegal Activity
The eviction laws in New Mexico give room for landlords to evict a tenant for committing any illegal activity on the rental premises.
Examples of these illegal activities are;
- Possession, use, sale, distribution, or manufacture of a controlled substance;
Unlawful use of a deadly weapon; - An unlawful action amounting to physical assault, sexual molestation, theft, or unlawful entry;
- Property theft or an attempt with the use of force;
- Intentional or reckless damage to property amounting to more than $1000.
End of Lease or No Lease
Where a tenant has no lease or continues to possess the rental unit after his lease term has ended, the landlord may serve an eviction notice upon such tenant.
The notice informs the tenant to move out of the rental property within a stipulated period.
The notice timeline depends on the duration of the tenancy. For a week-to-week, a 7 day eviction notice in New Mexico is required. But for a month-to-month tenancy, a 30 day eviction notice is sufficient. – NM Stat §47-8-37
Types of Eviction Notices in New Mexico
Eviction notices in New Mexico are legal documents issued by the landlord upon a tenant. It is the first step to conducting an eviction process in New Mexico.
This legal procedure is used to evict a tenant from the rental property. However, there are different eviction notices for varying situations.
Understanding the different types of eviction notices in New Mexico would assist landlords and tenants to be better aware of their rights, responsibilities, and the proper legal procedures.
Eviction Notices with Cause
Evicting a legal tenant in New Mexico requires that the landlord have a proper cause for such action.
However, the circumstances of that cause would determine the appropriate eviction notice to serve on the tenant.
In New Mexico, the following are the different types of eviction notices.
3-Day Notice to Pay or Quit – (Downloadable Here)
According to N.M. Stat. § 47-8-33(D), a landlord can serve a 3 day eviction notice in New Mexico where a tenant defaults in the payment of rent.
The eviction notice would inform the tenant to pay the due rent in full or vacate the premises before the expiration of the three-day notice.
However, where the tenant pays the due rent before the end of the third day, the landlord can not continue to file an eviction suit.
3-day Notice to Quit – (Downloadable Here)
If a tenant commits any illegal activity or carries out an act that materially affects health and safety, the landlord can issue an unconditional 3 day eviction notice.
In New Mexico, this notice does not give the tenant any option to cure. He or she must vacate the rental unit within three days.
If he fails to leave, the landlord can proceed to file a lawsuit to obtain an authorized court order for the eviction.
7-Day Notice to Comply or Vacate – (Downloadable Here)
Landlords can issue a 7-day eviction notice in New Mexico when a tenant breaches a term in the lease agreement or state law.
The landlord shall deliver the eviction notice providing specific facts concerning the breach and stating that the tenancy relationship will terminate if the breach is not remedied within 7 days of receipt of the notice. – NMSA § 47-8-33(A).
To be valid, the notice must be sent within 30 days of the breach and with a warning that if the lease is violated again within 6 months, it will lead to total tenancy termination. – NMSA § 47-8-33(C).
7-Day Notice to Vacate
Where a tenant commits the same or similar lease violation within 6 months of the initial notice, the landlord can serve a 7 day eviction notice to vacate in New Mexico.
In this case, the tenant is not given the right to cure the violation. He must vacate the rental premises within the stipulated seven days.
In a case where the tenant fails to leave the premises after the seventh day has passed, the landlord can proceed to file an eviction lawsuit against the tenant.
Eviction Notices without Cause
In New Mexico, landlords can only evict a tenant if he has defaulted in paying rent, violated a lease agreement, performed an illegal activity on or within 300 feet of the premises, etc.
Therefore, if a landlord wants to evict a tenant without a proper cause, he must wait till the end of the lease term. In such a case, he does not have to renew the lease term.
However, the landlord must give notice of non-renewal of the lease term and termination of the tenancy relationship.
For weekly or monthly tenancy, the landlord can serve a 7-day or 30-day eviction notice respectively. This eviction notice informs the tenant to move out of the rental unit before the stipulated timeline elapses.
For a fixed-term lease, the landlord does not necessarily give notice of termination. The landlord can typically expect the tenant to move out after the lease term has ended.
However, where the lease agreement requests for it, then the landlord must give notice to a fixed-term tenant to move out after the lease term expires.
Where the tenant fails to move out, the landlord can proceed with an eviction lawsuit in court.
Eviction Process in New Mexico
Issuance of Eviction Notice
The first step to begin an eviction process in New Mexico is to serve an eviction notice to the tenant in default.
The landlord can issue an eviction notice for various causes (as explained above).
Under New Mexico laws, the eviction notice must clearly state the reason for the eviction, the timeline for compliance, the party’s information, etc.
The eviction notice can be served by the landlord or anyone authorized by him.
The landlord must keep copies of the notice as proof that there was due compliance with the provisions of eviction laws in New Mexico.
Where the tenant fails to leave the property or fix the violation as stipulated in the notice, the landlord can then file a Petition for Restitution (eviction lawsuit).
Filing a Petition by Owner for Restitution
The landlord must file the Petition for Restitution at the District or Magistrate Court.
The landlord must pay the prescribed fee and fill out all the required forms. The fee ranges from $132 for the district court and $77 for magistrate courts.
The petition must contain;
- Facts with details on the grounds of eviction which the landlord is relying on;
- An accurate description of the rental property; and
- Proof of service according to the provision of the Uniform Owner-ResidentRelations Act (47-8-1 NMSA 1).
Serving the Tenant
After filing, the court will issue a ‘Summons and Notice of Trial on Petition of Restitution’, shortened as Summons.
The summon and complaint must be served upon the tenant by a Sheriff or anyone who is 18 years or older, 7 to 10 days before the court hearing.
According to the civil procedure of the district court, the tenant may be served through the following means;
- Giving a copy of the summon to the tenant personally or his attorney;
- Sending a copy by facsimile or e-mail where authorized;
- Leaving the copy at the attorney’s office;
- Leaving it at the tenant’s residence or usual place of abode with a person of suitable age and discretion;
- Leaving a copy at a place designated by the court for serving papers for attorneys;
- Mailing a copy by first class mail with proper postage.
For a magistrate court, the copy of the summon and complaint can be served on the tenant personally, leaving it where the tenant is currently found, by mail, or by giving it to a person of suitable age (15 years or older).
However, in a magistrate court, where the mailing method is used, the defendant (tenant) must provide a return receipt within 23 days from the mail.
The summons and complaint must be delivered according to the provisions of the New Mexico eviction laws, or the landlord may risk losing the entire suit.
The tenant has the right to file an answer to the court, but it is not mandated. They only have to make an appearance in court.
Where the tenant desires, he can file an Answer to Petition for Restitution before the court date and present any justifiable reason that invalidates the eviction process.
Court Hearing and Judgment
The eviction hearing is typically set seven to ten days after the summon has been served on the tenant.
During the hearing, both parties must provide strong arguments backed with solid evidence(s) to support their claims.
Landlords are expected to proceed to the court with essential documents such as; the lease agreement or deed, bank statement, eviction notice with proof of service, evidence of lease violation, witesses, and lots more.
The judge would hear the argument from both sides and make a ruling.
Where the judge rules in favor of the landlord, the tenant relationship is terminated and the tenant must vacate the rental unit.
But where the tenant fails to show up at the hearing, the court may give a default judgment against the tenant.
In a case where the tenant wins the lawsuit, the judge may order the landlord to allow the tenant to remain in the rental until the lease expires.
However, either party may file for an appeal or request for a continuance for up to 7 days.
Tenant Defenses
In the court hearing, the tenant can utilize any of the following defenses against the landlord. These defenses may be used to prove that the removal of the tenant from the rental would amount to wrongful termination.
Self-Help Eviction:Â Landlords are not allowed to forcibly remove the tenant by turning off utilities, blocking the entrance, changing locks, and so many more. Where this happens, it may be a ground to render the eviction process null and void.
Improper Notice:Â If the eviction notice is improperly served either by giving the wrong eviction notice or not giving adequate time, it may be used as a defense against the eviction process. This may act as a delay (not a hindrance) for the landlord.
Landlord Failed to Maintain the Rental Unit:Â Landlords are expected by law to keep the rental unit in a safe and habitable condition. Therefore, the rental should be conducive to living and should not be against any housing codes. In New Mexico, where the landlord fails to maintain the property, the tenants can expend rent money to fix any necessary damage or withhold some part of the rent. If the landlord fails to abide by this rule, the tenant may claim to have not paid the rent or violated the lease agreement due to this cause.
Retaliation:Â The landlord is not expected to serve an eviction notice just because the tenant had challenged the material health or safety violation of the rental. It may also be in retaliation to the tenant joining a union. Where this is proved, it may nullify the entire eviction process,
Tenant Paid Rent in Full:Â Where the eviction is based on non-payment of rent, the judge may on a few occasions allow the tenant to remain in the premises if the rent is paid fully during the hearing.
Discrimination: Evictions issued based on the tenant’s race, religion, gender, nationality, family status, etc., are illegal in New Mexico. This may be a ground to cancel the entire eviction process when proven.
Issuing a Writ of Restitution
A Writ of Restitution is issued when the landlord wins the eviction suit. The writ is typically issued shortly after the hearing or a few days after, there’s no specific timeline for its issuance.
The writ of possession directs the sheriff to restore possession of the rental property to the landlord. It’s a final notice to the tenant to evict the rental and must be requested by the landlord.
Where the tenant appeals the case, the execution of the writ is suspended, as long as the tenant continues paying rent until the appeal is decided.
Executing the Eviction
Once the writ is issued, the Sheriff would give notice of it to the tenant and execute it within three to seven days after the court’s hearing.
Therefore, the tenant has only three to seven days to leave the rental premises or be forcibly led out by the Sheriff.
The New Mexico eviction laws provide that where the tenant leaves his personal property in the rental as a result of the executed writ, the landlord has no obligation to store the property for more than three days.
After three days, the landlord may choose to dispose of or sell the property. – N.M. Stat. Ann. § 47-8-34.1(C) However, if otherwise stated in the lease agreement, the landlord must then stand by it.
Eviction Notice by States
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FAQs
Whether a person is a legal tenant, holdover tenant, or tenant at will, the process of evicting a person must be according to the provision of the law. The first step to evicting a tenant is by serving an eviction notice under New Mexico laws.
Yes, a 3 day eviction notice in New Mexico is used to evict a tenant who fails to pay the due rent or commits an illegal activity on the premises.
The eviction process in New Mexico takes place within two to seven weeks. However, this timeline may be longer due to the surrounding circumstances of the case.
A 30 day eviction notice in New Mexico is used to evict a month-to-month tenant. This notice terminates the tenancy relationship and informs the tenant to vacate the rental premises after 30 days. Therefore, no option for renewal.
A 7 day eviction notice in New Mexico is used to evict a tenant that has breached a term in the lease agreement.
Rich is an Entrepreneur, Real Estate Investor, and Lawyer licensed in Texas. He enjoys family, community, and work. He started Landlord Guidance in 2012 to help fellow landlords, and teach them that being fair and ethical with their tenants is the true path to long-term success.
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