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A New Mexico eviction notice is a legal document that informs a tenant that they must move out of their rental unit within a certain timeframe.
Landlords frequently issue eviction notices for a variety of reasons, such as non-payment of rent, breaching the terms of the lease, or other violations of the rental agreement.
Landlords must follow strict procedures when issuing eviction notices, including providing tenants with written notice and following specific timelines for notice periods.
Types of Eviction Notice in New Mexico
Notice to Pay Rent or Quit
In a situation where a tenant fails to pay rent on time, the landlord will inform them via an eviction notice that they have three days to pay the rent or vacate the premises.
If the tenant pays the rent within the three-day period, the lease agreement will continue as normal. However, if the tenant fails to pay, the landlord may take legal action to terminate the lease agreement.
Non-Compliance
If a tenant materially breaches the health and safety regulations of the rental agreement, the landlord must deliver a written notice to the tenant specifying the breach and the date of the breach.
The notice must state that the rental agreement will terminate if the breach is not remedied within seven days of the tenant receiving the notice.
Illegal Activity
If a tenant engages in illegal drug use or manufacturing, violence, or threats of violence against other residents or the landlord, the landlord may deliver a written notice stating that the rental agreement will terminate if the violation is not remedied within three days of the tenant receiving the notice.
Month-to-Month/Week-to-Week
If either the owner or resident wishes to terminate a week-to-week lease, they must provide written notice to the other party at least seven days before the specified termination date.
Similarly, if either the owner or resident wishes to terminate a month-to-month lease, they must provide written notice to the other party at least thirty days before the date specified in the notice.
Eviction Laws and Requirements in New Mexico
Laws & Requirements
Non-payment of rent: 3 days. (§ 47-8-33(D))
Non-compliance: 7 days. (§ 47-8-33(A))
Illegal activity: 3 days. (§ 47-8-33(I))
Month-to-Month/Week-to-Week: 30 days for month-to-month and 7 days for week-to-week lease. (§ 47-8-37(A, B))
When is Rent Late in New Mexico?
In New Mexico, rent is due on the date specified in the rental agreement, as agreed upon by both parties. The tenant is obligated to pay the rent by the due date, as there is no grace period. Failure to pay rent may result in the initiation of the eviction process.
Grounds for Eviction in New Mexico
Eviction reasons are typically linked to a tenant's failure to comply with the terms of the lease agreement, including the following:
Grounds for Eviction
Failure to pay rent on the due date
Engagement in illegal activities within the leased property
Neglect or damage to the rented property that jeopardizes health and safety
Tenant's continued occupation of the property beyond the lease expiration date
Eviction Process in New Mexico
The process for evicting a tenant in New Mexico involves several steps, namely:
#1. Write a Notice
The first step in the eviction process in New Mexico is for the landlord to provide the tenant with an eviction notice of their intent to terminate the tenancy. The type of notice required will depend on the reason for the eviction, such as nonpayment of rent, material breach of the rental agreement, or violation of health and safety regulations.
#2. File the Complaint
If the tenant fails to remedy the situation or vacate the property by the deadline specified in the notice, the landlord may file a complaint with the court to initiate the eviction process. The complaint will outline the landlord's legal claims against the tenant and the compensation they are seeking.
#3. Serve the Tenant
After the landlord has filed the complaint, they must serve the tenant with a copy of the summons and complaint in accordance with state law. The tenant will then have an opportunity to answer the complaint and appear in court to dispute the eviction.
#4. Wait for Court’s Judgment
After presenting evidence and hearing both parties, the court will issue a judgment. If the court rules in favor of the tenant, they will have the right to remain on the property. However, if the landlord's claim is valid, the tenant will be required to vacate the leased property.
#5. Issuing Writ of Restitution
When a landlord wins an eviction lawsuit and the tenant refuses to leave the property, the court issues a writ of restitution. This document authorizes the sheriff to physically remove the tenant from the property.
Other Eviction-Related Forms in New Mexico
Apart from the eviction notice, there are other types of legal documents involved in the eviction process, such as:
Other Eviction-Related Forms
Petition by Owner for Restitution. This form is for landlords who want to take back their rental property from tenants who violated the rental agreement. The affirmation attached to the form is a sworn statement by the landlord confirming the truth and accuracy of the information provided.
Motion to Appear by Telephone at Hearing. This court form is a request to appear by telephone at a scheduled hearing submitted by either the plaintiff or defendant. It includes a certificate of service confirming that the document has been served on the other party involved in the case.
Complaint in Forcible Entry or Unlawful Detainer. This form is used in cases where the plaintiff seeks the removal of the defendant who has illegally entered or remained on the rented property, even though they were supposed to vacate the premises by a certain date.
Eviction Information for Landlords in New Mexico
When it comes to the eviction process, the landlord's first obligation, before filing a complaint with the court, is to deliver an eviction notice to the tenant, in which they will state the reasons for the eviction and the deadline by which the tenant can remedy the lease violation or vacate the property.
Furthermore, landlords should be aware that there are certain prohibited actions when attempting to evict a tenant, such as shutting off utilities or changing locks without a court order.
Eviction Information for Tenants in New Mexico
Tenants have several options to secure themselves if an eviction proceeding is initiated against them. Firstly, they have the right to rectify the violation within the time frame specified in the eviction notice if it is for a rectifiable reason.
Alternatively, if the tenant believes that there is no violation, they can answer the complaint and present evidence during the trial to prove that no violation has been committed.
It is important for the tenant to know that they cannot be forcefully removed from the property and that they are protected through the eviction process.
How to Write an Eviction Notice in New Mexico
New Mexico Eviction Notice Checklist
New Mexico Eviction Notice FAQ
A landlord can file an eviction notice when a tenant violates the lease agreement, including failure to pay rent or a substantial violation of the terms of the lease.
In New Mexico, an eviction notice is required before a landlord can legally evict a tenant. It provides written notice to the tenant containing the reason for eviction and the deadline to comply or vacate the property.
The time it takes to evict someone in New Mexico varies depending on the specifics of each case. It typically takes several weeks to a few months to complete the process.
Yes, a 3-day eviction notice is legal in New Mexico in situations when a tenant fails to pay rent and is engaged in illegal activity.