NM · EVICT-NTC · Updated August 2026 · Free

New Mexico Eviction Notice PDF

Not Attorney-ReviewedAuthor: Arjun AnnamalaiMethodology: Statutory Verification

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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

RequirementNew Mexico Rule
3-Day Pay or QuitRequired for nonpayment of rent
Court ProcessForcible entry and detainer action
Month-to-Month Notice30 days to terminate
Governing LawN.M. Stat. § 47-8-33
Notice DeliveryPersonal 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.