New Mexico Notice to Pay Rent or Quit (3-Day)
Create a free New Mexico notice to pay rent or quit. New Mexico requires a 3-day notice to pay rent or quit. Fill in the details, preview it live, and download a PDF or email it.
New Mexico requirement
New Mexico requires a 3-day notice to pay rent 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.
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. You cannot remove a tenant yourself — serve a proper notice and, if needed, file in court. Confirm New Mexico and local rules first.
New Mexico Notice to Pay Rent or Quit Rules
A Notice to Pay Rent or Quit is the first step a landlord takes when a tenant has not paid rent. It demands that the tenant pay the full amount owed within the state's required number of days or move out, before the landlord can file for eviction.
New Mexico requires a 3-day notice to pay rent 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. The notice is served under NMSA 1978, Uniform Owner-Resident Relations Act, §§ 47-8-33 and 47-8-37.
How to Serve a Notice to Pay Rent or Quit in New Mexico
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). A defective notice or improper service can get an eviction dismissed.
Frequently Asked Questions
How many days is a New Mexico notice to pay rent or quit?
New Mexico requires a 3-day notice to pay rent 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.
What happens after I serve the notice?
If the tenant does not comply by the deadline, you can file an eviction case in New Mexico court. Only a court order, enforced by a sheriff or constable, can remove the tenant.
Can I email or download the notice?
Yes — fill in the form above, then download the PDF or email a copy to yourself. Serve it on the tenant using a method New Mexico allows.
Disclaimer
This New Mexico notice to pay rent or quit generator is a self-help tool for general informational purposes only and is not legal advice. Confirm New Mexico and local requirements before serving.