Eviction notices in New Mexico

If rent is unpaid when due, the owner must give written notice of nonpayment and of the intent to terminate; if the resident does not pay within three days, the owner may terminate (NMSA § 47-8-33(D)). Full tender before the notice expires bars the action. The Court of Appeals held the owner cannot file until the day after the third day (Cheng v. Rabey, 2023-NMCA-013, annotated in the official compilation).

Can the tenant pay to stop it? Tendering the full amount due, in the manner stated in the notice, before the 3-day notice expires bars any action for nonpayment.

Type:

Pay or move out

Notice period:

3 days

Law:

NMSA 1978, § 47-8-33(D)

For an initial material noncompliance with the rental agreement (or noncompliance with resident duties materially affecting health and safety), the owner must deliver a written notice giving dates and specific facts and stating the agreement will terminate on a date not less than 7 days after receipt if the breach is not remedied in 7 days (§ 47-8-33(A)). The notice must be given within 30 days of the breach or knowledge of it and must warn that a second breach within 6 months will end the agreement (§ 47-8-33(C)).

Chance to fix it: The resident has 7 days to remedy the breach.

Type:

Fix it or move out

Notice period:

7 days

Law:

NMSA 1978, § 47-8-33(A), (C)

A second material breach within six months allows a 7-day termination notice with no right to cure (§ 47-8-33(B)). If the resident knowingly commits or consents to a 'substantial violation' (serious criminal conduct defined in the Act), the owner may give a 3-day termination notice (§ 47-8-33(I)); defenses include domestic-violence victim status and lack of knowledge (§ 47-8-33(J)-(L)).

When it applies: A second material noncompliance within 6 months of the first.

Notice period:

7 days

Law:

NMSA 1978, § 47-8-33(B), (I)

Periods run from receipt of the notice; the effective date of a posted notice is the posting date, which must be written on the notice (§ 47-8-13(D)). When the last day to remedy a breach falls on a weekend or federal holiday, it is extended to the next day that is not a weekend or federal holiday (§ 47-8-33(H)). An owner may file only on the day after the notice period ends (Cheng v. Rabey, 2023-NMCA-013).

A nonpayment notice is effective only when hand delivered, mailed to the resident, or posted on an exterior door of the unit (taped on all sides or placed in a notice/mail receptacle). Other notices that are posted must also be mailed first class or hand delivered (NMSA § 47-8-13(D)).

The owner files a petition for restitution in magistrate, metropolitan or district court (§ 47-8-42). Trial on the owner's claim for possession is set 7 to 10 days after the summons is served; the resident may appear and answer on or before that day (§§ 47-8-43, 47-8-45). If the owner wins, the writ of restitution directs the sheriff to restore possession on a date 3 to 7 days after judgment (§ 47-8-46). An owner may not lock out, remove belongings, or cut utilities without a court order; the resident may abate rent and get civil penalties (§ 47-8-36).

• If the resident disputes the amount because of lawful rent abatement or misallocation of rent to damages and loses, the writ is conditioned on the right to pay the judgment within 3 days (§ 47-8-33(E)).
• Relief may be granted only on the grounds stated in the written notice (§ 47-8-33(G)).
• A resident who appeals stays the writ of restitution only by paying, within 5 days of filing the notice of appeal, the rent due from the day after judgment through the end of that rental period to the owner or into escrow, and then paying monthly rent as it comes due (§ 47-8-47(A)).

• New Mexico notice to end a month-to-month tenancy (no-cause notice by tenant or landlord)
• New Mexico security deposit law: deadlines after move-out
• Federal 30-day notice for covered properties (CARES Act)

• NMSA 1978, Chapter 47 (official NMOneSource) Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.