🟡 Standard protections

Eviction notice rules in New Mexico

Nonpayment notice

3 days to pay after written notice of nonpayment and intent to terminate (NMSA §47-8-33(D)). Full payment before expiry avoids termination.

Lease-violation notice

7-day notice to remedy or quit for the initial material noncompliance (NMSA §47-8-33(A)) — the notice must specify the acts, dates, and facts. A second material noncompliance within 6 months → 7-day termination with NO cure (§47-8-33(B)).

Unconditional quit (no second chance)

3-day notice for substantial violations (NMSA §47-8-33; NM courts form 4-901A) — exact statutory scope unverified, needs attorney review.

No-cause / end-of-tenancy notice

30 days for month-to-month (before the next rental period) / 7 days for week-to-week, no reason required (NMSA §47-8-37).

How the notice must be served

Hand delivery, mail, or posting. Nonpayment notice is effective only when hand-delivered, mailed, or posted on an exterior door of the unit; for all other notices, a posting must also be mailed first-class or hand-delivered (NMSA §47-8-13(D)). The date of posting is included in the notice and is its effective date.

Your right to fix it (cure)

Nonpayment (3 days to pay); initial material noncompliance (7 days to remedy — the agreement continues if cured). No cure for a second material noncompliance within 6 months (7-day termination) or substantial violations (3-day notice).

How days are counted

The date of posting is included in the notice and constitutes the effective date (§47-8-13(D)). Other day-counting details <em>reported — confirm with a licensed attorney</em>.

After the notice expires

Landlord must file a Petition by Owner for Restitution in magistrate or metropolitan court. The tenant does NOT have to leave when the notice expires — only a court order can remove the tenant, enforced by a court officer. The tenant may challenge the termination at the hearing.

Court timeline

Service packet delivered by the sheriff, a private process server, or any adult non-party; hearing follows. Full timeline <em>reported — confirm with a licensed attorney</em>.

Retaliation & defenses

Owner retaliation barred and a defense to eviction (NMSA §47-8-39; 6-month lookback); discrimination defenses under state and federal fair housing law.

The one thing to remember: in New Mexico, as in every state, a notice is not an eviction. Your landlord must file a case, serve you properly, and win before a judge. Only a court order can remove you.

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