New Mexico Eviction Notice
Create a free New Mexico eviction notice with the state's required notice periods built in. Pick the notice type, fill in the details, and download a PDF.
New Mexico notice periods
Nonpayment: 3 days · Lease violation (cure): 7 days · No-cause termination: 30 days.
Tenant Name(s)
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⚠ New Mexico requires a 3-day notice for a notice to pay rent or quit; the count runs from the date of SERVICE, and some states exclude weekends/holidays — verify before relying on a date. Calendar days, not business days. § 47-8-33(D): if rent is unpaid when due and the resident fails to pay within three days after written notice of nonpayment and the owner's intent to terminate, the owner may terminate. Tender of the full amount due in the manner stated in the notice before the 3-day period expires bars an eviction action for nonpayment. New Mexico law also gives a strong "pay-and-stay" backstop: a tenant who pays all rent, costs, fees, and interest before judgment (or before the court-set move-out date) generally has the case dismissed and the tenancy continues.
Notice to Pay Rent or Quit (New Mexico)
NOTICE TO PAY RENT OR QUIT
Date of Notice: ________________
From (Landlord/Agent): [LANDLORD/AGENT NAME], [LANDLORD ADDRESS]
To: [TENANT NAME(S)], Tenant(s) in possession of: [PROPERTY ADDRESS]
YOU ARE HEREBY NOTIFIED that rent is now due and unpaid in the amount of $________. This amount is for unpaid RENT only and excludes late fees, utilities, and other charges unless your state and lease allow them.
You are required to PAY the full amount of rent due within 3 days after this notice is served on you, OR to vacate and surrender possession of the property. Payment must be made to [LANDLORD/AGENT NAME] at [LANDLORD ADDRESS], by cash, check, or money order. If you mail payment, it must be RECEIVED by the deadline.
If you do not comply with this notice within the time stated, the landlord may begin legal proceedings to recover possession of the property under NMSA 1978, Uniform Owner-Resident Relations Act, §§ 47-8-33 and 47-8-37.
Only a court can order you to move out. The landlord may NOT lock you out, remove your belongings, or shut off your utilities; doing so is illegal.
This notice is given without waiving, and the landlord expressly reserves, all other rights and remedies, including the right to recover unpaid rent and damages.
How this notice may be served: Per NM Courts self-help guidance, notice may be served by (1) personally delivering it to the tenant, (2) handing it to a person 15 or older who resides at the property, or (3) posting it on the front door AND mailing a copy. The notice cannot be served by the landlord or the landlord's employees (it must be served by a third party). If a remedy/cure deadline falls on a weekend or federal holiday, the period extends to the next non-weekend, non-holiday day (§ 47-8-33).
_______________________________________
[LANDLORD/AGENT NAME] — Landlord / Authorized Agent
[LANDLORD ADDRESS]
Date: ________________
PROOF OF SERVICE
I served this notice on the tenant(s) on ____________ (date).
Method of service (use a method permitted in your state — see the service note above):
_______________________________________________________________________
_______________________________________ Date: ____________
Signature of person serving the notice
Email yourself a copy (PDF)
Self-help template, not legal advice. Notice periods, wording, and service rules vary by state and city. You cannot remove a tenant yourself — serve a proper notice and, if needed, file in court.
New Mexico Eviction Notice Requirements
In New Mexico, a landlord must serve a written notice before filing for eviction under NMSA 1978, Uniform Owner-Resident Relations Act, §§ 47-8-33 and 47-8-37. The required notice period depends on the reason:
- Nonpayment of rent: 3-day notice to pay or quit. Calendar days, not business days. § 47-8-33(D): if rent is unpaid when due and the resident fails to pay within three days after written notice of nonpayment and the owner's intent to terminate, the owner may terminate. Tender of the full amount due in the manner stated in the notice before the 3-day period expires bars an eviction action for nonpayment. New Mexico law also gives a strong "pay-and-stay" backstop: a tenant who pays all rent, costs, fees, and interest before judgment (or before the court-set move-out date) generally has the case dismissed and the tenancy continues.
- Curable lease violation: 7-day notice to cure or quit. § 47-8-33(A): for noncompliance materially affecting health and safety (§ 47-8-22) or an initial material noncompliance with the rental agreement, the owner must give written notice specifying the breach and stating the agreement terminates not less than seven days after receipt if the breach is not remedied within seven days. NM Courts label this the "Seven-Day Notice of Noncompliance." The cure notice must be given within 30 days after the problem occurs or the landlord learns of it.
- No-cause termination (month-to-month): 30-day notice. § 47-8-37(B): either party may terminate a month-to-month residency by written notice given at least 30 days before the periodic rental (rent due) date specified in the notice. For week-to-week tenancies, § 47-8-37(A) requires at least 7 days' written notice. No statewide just-cause limit applies to no-fault terminations.
Service: Per NM Courts self-help guidance, notice may be served by (1) personally delivering it to the tenant, (2) handing it to a person 15 or older who resides at the property, or (3) posting it on the front door AND mailing a copy. The notice cannot be served by the landlord or the landlord's employees (it must be served by a third party). If a remedy/cure deadline falls on a weekend or federal holiday, the period extends to the next non-weekend, non-holiday day (§ 47-8-33).
- Governing law is the Uniform Owner-Resident Relations Act, NMSA 1978 Chapter 47, Article 8 (§§ 47-8-1 to 47-8-52).
- Nonpayment of rent: 3-day written notice to pay or quit before filing (§ 47-8-33(D)); paying in full within the 3 days bars the action.
- Lease/health-safety violation: 7-day cure-or-quit notice (§ 47-8-33(A)); a substantially similar violation recurring within 6 months allows a 7-day terminate notice with no cure (§ 47-8-33(B)).
- Severe 'substantial violation' within 300 feet of the residence (drugs, violent theft, deadly-weapon use, property damage over $1,000, etc.): 3-day unconditional quit notice (§ 47-8-33(I)-(J)).
- No-cause end of a month-to-month tenancy: 30-day written notice (§ 47-8-37(B)); week-to-week is 7 days (§ 47-8-37(A)). No statewide just-cause requirement. 2025 reform (HB253) added eviction-record sealing but did NOT change any notice periods.
- Remedy/cure deadlines that land on a weekend or federal holiday roll to the next non-weekend, non-holiday day (§ 47-8-33).
New Mexico Eviction Notices by Type
Frequently Asked Questions
How many days notice to evict for nonpayment in New Mexico?
New Mexico requires a 3-day notice to pay rent or quit before a landlord can file for eviction. Calendar days, not business days. § 47-8-33(D): if rent is unpaid when due and the resident fails to pay within three days after written notice of nonpayment and the owner's intent to terminate, the owner may terminate. Tender of the full amount due in the manner stated in the notice before the 3-day period expires bars an eviction action for nonpayment. New Mexico law also gives a strong "pay-and-stay" backstop: a tenant who pays all rent, costs, fees, and interest before judgment (or before the court-set move-out date) generally has the case dismissed and the tenancy continues.
Can a landlord evict without notice in New Mexico?
No. A written notice is required before filing, and only a court can order a tenant removed. Self-help lockouts are illegal.
Does New Mexico require just cause to evict?
New Mexico does not have a statewide just-cause requirement, though some cities may. A month-to-month tenancy can generally be ended with a 30-day notice.
Disclaimer
This New Mexico eviction notice generator is a self-help tool for general informational purposes only and is not legal advice. Confirm New Mexico and local requirements before serving, and consult a landlord-tenant attorney for contested cases.