Document Genius

Free New Mexico Eviction Notice Template

Create a state-compliant New Mexico eviction notice in minutes. Document Genius walks you through the process so you can prepare a valid notice before starting an eviction case.

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  • Duration 2 min
  • Download as PDF and Word
  • E-sign included

Written by Josh Sainsbury | Attorney-Reviewed by Harvey Barbee, J.D.

How It works?

1

Choose the Correct Notice

New Mexico law sets timelines for rent issues, lease violations, or ending a tenancy. Our builder helps you pick the right form fast.

2

Add Tenant and Property Information

Enter the tenant’s name, rental property address, and the reason for eviction.

3

Sign and Serve

Follow New Mexico’s delivery rules and keep proof of service for the court.

Table of Contents

  1. What Is a New Mexico Eviction Notice?
  2. When to Use Each Type of New Mexico Eviction Notice
  3. How to Write a New Mexico Eviction Notice
  4. How to Serve a New Mexico Eviction Notice
  5. What Happens After Serving the Notice
  6. Related New Mexico Court Forms

What Is a New Mexico Eviction Notice?

A New Mexico eviction notice is a written document landlords must give tenants before filing for eviction in court. It explains the reason for eviction, how much time the tenant has to fix the problem or move out, and complies with Chapter 47, Article 8 of the Uniform Owner-Resident Relations Act of New Mexico.

When to Use Each Type of New Mexico Eviction Notice

New Mexico law requires different notices depending on the situation:

  • 3-Day Notice to Pay Rent or Quit (NM Stat § 47-8-33(D)): Used when rent is overdue. Gives tenants three days to pay in full or leave before the landlord can file for eviction.
  • 7-Day Notice to Quit for Non-Compliance (NM Stat § 47-8-33(A)): For lease violations other than non-payment of rent. Tenants get seven days to fix the issue on a first violation. If the same problem happens again within six months, they must vacate within seven days without the option to cure.
  • 30-Day Lease Termination Notice (NM Stat § 47-8-37): Ends a month-to-month tenancy with at least 30 days’ written notice, even if no lease violation occurred.

How to Write a New Mexico Eviction Notice

To prepare a valid notice:

  1. Select the correct notice type for your situation
  2. List landlord and tenant names plus the rental property address
  3. State the reason for eviction if required by law
  4. Include the legally required notice period
  5. Sign and date the notice before serving it

How to Serve a New Mexico Eviction Notice

Landlords can serve notices by:

  • Personal delivery to the tenant
  • Posting the notice at the rental property and mailing a copy
  • Using a process server or other legal method approved by the court

Keep documentation showing when and how the notice was served.

What Happens After Serving the Notice

If the tenant doesn’t comply within the required timeframe:

  • File a Petition for Restitution in the appropriate District or Magistrate Court
  • The court will issue a Summons and Notice of Trial
  • If the landlord wins, the court grants a Writ of Restitution so law enforcement can remove the tenant if needed

Related New Mexico Court Forms

Landlords may need these forms for New Mexico eviction cases:

  • Petition for Restitution: Starts the eviction lawsuit
  • Summons and Notice of Trial: Tells the tenant when and where the hearing will take place
  • Answer to Petition for Restitution: Lets the tenant respond to the eviction claim