New Mexico Eviction Laws

New Mexico notice periods for ending a tenancy and starting an eviction, each as LeaseCraft read it in the statute at the official source, with its citation and read date (most recently ).

Create a New Mexico eviction notice

Preview free$2.99/month or $19.99/year membershipCancel any time

On this page

New Mexico notice periods

Periods are as the statute states them: some are minimums, some apply unless the lease sets another. "Lease controls" means there is no statutory period; "No pre-suit notice" means none is required before filing.

SituationNotice periodSource
Unpaid rent 3 calendar days NMSA 1978 § 47-8-33(D), (H); § 47-8-13; NMRA Form 4-901
Read
Lease violation 7 calendar days NMSA 1978 § 47-8-33(A)-(C), (H); NMRA Form 4-902
Read
Ending the tenancy without a chance to cure 3 calendar days NMSA 1978 § 47-8-33(I), (B); § 47-8-3 (definition of substantial violation); NMRA Form 4-901A
Read
Ending a month-to-month tenancy 30 calendar days NMSA 1978 § 47-8-37(B); NMRA Form 4-903
Read
Tenant staying after the lease ends Could not verify
Not verified at the official source; LeaseCraft states no figure.
 NMSA 1978 § 47-8-37(C)
Ending a week-to-week tenancy 7 calendar days NMSA 1978 § 47-8-37(A); NMRA Form 4-903
Read

What the New Mexico statute says

Unpaid rent 3 calendar days
  • Rent must be unpaid when due; owner delivers written notice of nonpayment and the resident fails to pay within three days after the written notice (NMSA 47-8-33(D)).
  • Tender of the rent before the notice expires bars the action; if the last day to remedy falls on a weekend or federal holiday the period is extended to the next day (47-8-33(H)).
  • Supreme Court Form 4-901 states: 'If the amount due is not paid within three (3) days from the date of delivery ... the rental agreement shall be terminated.'
  • A nonpayment notice is effective only when hand delivered, mailed, or posted on an exterior door of the dwelling (47-8-13).

Exceptions

  • Mobile Home Park Act tenancies use Form 4-921 (three-day nonpayment notice under NMSA 47-10).
Lease violation 7 calendar days
  • Written notice must specify the acts and omissions constituting the breach and state that the rental agreement will terminate upon a date not less than seven days after receipt of the notice if the breach is not remedied in seven days (47-8-33(A)).
  • Notice must be given within thirty days of the breach or the owner's knowledge of it (47-8-33(C)).
  • Last day falling on a weekend or federal holiday extends the period to the next day (47-8-33(H)).

Exceptions

  • Second material noncompliance within six months of the initial breach: owner may terminate on seven days' notice with no further opportunity to cure (47-8-33(B)).
Ending the tenancy without a chance to cure 3 calendar days
  • Substantial violation (47-8-33(I)): owner gives written notice specifying the violation and stating the agreement terminates on a date not less than three days after receipt; no cure opportunity.
  • 'Substantial violation' per Form 4-901A/47-8-3: controlled-substance possession or distribution, unlawful use of a deadly weapon, serious physical harm, sexual assault, unauthorized entry to commit theft/assault, theft by force, intentional or reckless property damage over $1,000.
  • Repeat material noncompliance within six months: seven days' notice, no cure (47-8-33(B)).
Ending a month-to-month tenancy 30 calendar days
  • Written notice given at least thirty days prior to the periodic rental date specified in the notice (47-8-37(B)); Form 4-903 use note: 'if the rent is due on the 1st, the notice must be given at least thirty (30) days before the 1st.'
  • Either owner or resident may terminate; no cause required.

Exceptions

  • Mobile Home Park Act tenancies: thirty- or sixty-day notice to quit (Form 4-922; NMSA 47-10) — not researched.
Ending a week-to-week tenancy 7 calendar days
  • Written notice given at least seven days prior to the termination date specified in the notice (47-8-37(A)); Form 4-903 use note: for week-to-week strike 'Thirty-Day' and insert 'One-Week'.

Just cause, delivery, form and local rules in New Mexico

How the notice may be delivered

Secondary sources only LeaseCraft has not verified this at the official source (NMSA 1978 § 47-8-13; NMRA Forms 4-901, 4-903), so this page states no rule.

Required form or contents

No mandatory statutory form, but the notice must specify the acts/omissions constituting the breach and the termination date (47-8-33); the NM Supreme Court publishes approved forms 4-901 (3-day nonpayment), 4-901A (3-day substantial violation), 4-902 (7-day noncompliance), 4-903 (30-day/one-week termination) at https://nmcourts.gov/forms-files/landlord-tenant/

NMSA 1978 § 47-8-33(A), (D), (I); NMRA Forms 4-901, 4-901A, 4-902, 4-903 · read

Statewide just-cause rule

No statewide just-cause requirement

  • No statewide just-cause statute; 47-8-37 permits either party to end a periodic tenancy by notice without stating a reason.
  • Retaliation is prohibited (47-8-39) and Mobile Home Park Act tenancies have their own grounds (NMSA 47-10) — not researched.

NMSA 1978 § 47-8-37 · read

For New Mexico landlords

  • Find the period for your situation in the table above and count it from the day the notice is delivered.
  • Deliver the notice the way New Mexico law allows and keep a record of how and when.
  • A notice is not a court order and does not by itself remove a tenant.

For New Mexico tenants

  • Compare the notice you received with the period for its situation in the table above and the date it reached you.
  • A notice is not a court order. If a case is filed, the court papers say how and by when to respond.
  • Local legal aid and tenant organizations can explain your options.

How an eviction generally proceeds

A general outline, not New Mexico law: the steps, their names and their deadlines differ by state and court. The New Mexico rules LeaseCraft has verified are the ones above.

  1. Written notice. The landlord gives the notice the situation calls for and waits out its period.
  2. Court filing. If the tenant has not paid, cured or left, the landlord files an eviction case in court.
  3. Hearing. Both sides can be heard; the tenant may raise defenses such as an improper notice.
  4. Judgment. The court decides who has the right to the property.
  5. Removal. If the court rules for the landlord, removal follows its order. A notice is not a court order and does not by itself remove a tenant.

New Mexico eviction questions

  • 3 calendar days, under NMSA 1978 § 47-8-33(D), (H); § 47-8-13; NMRA Form 4-901. Rent must be unpaid when due; owner delivers written notice of nonpayment and the resident fails to pay within three days after the written notice (NMSA 47-8-33(D)). LeaseCraft read this at the official source on 2026-09-27.

  • 7 calendar days, under NMSA 1978 § 47-8-33(A)-(C), (H); NMRA Form 4-902. Written notice must specify the acts and omissions constituting the breach and state that the rental agreement will terminate upon a date not less than seven days after receipt of the notice if the breach is not remedied in seven days (47-8-33(A)). LeaseCraft read this at the official source on 2026-09-27.

  • 30 calendar days, under NMSA 1978 § 47-8-37(B); NMRA Form 4-903. Written notice given at least thirty days prior to the periodic rental date specified in the notice (47-8-37(B)); Form 4-903 use note: 'if the rent is due on the 1st, the notice must be given at least thirty (30) days before the 1st.' LeaseCraft read this at the official source on 2026-09-27.

  • No statewide just-cause requirement, under NMSA 1978 § 47-8-37. No statewide just-cause statute; 47-8-37 permits either party to end a periodic tenancy by notice without stating a reason. LeaseCraft read this at the official source on 2026-09-27.

  • 7 calendar days, under NMSA 1978 § 47-8-37(A); NMRA Form 4-903. Written notice given at least seven days prior to the termination date specified in the notice (47-8-37(A)); Form 4-903 use note: for week-to-week strike 'Thirty-Day' and insert 'One-Week'. LeaseCraft read this at the official source on 2026-09-27.

Need a New Mexico eviction notice?

Create a New Mexico eviction notice with the guided form and preview it free.

Create my document

Related New Mexico landlord-tenant guides

New Mexico security deposit laws New Mexico landlord-tenant law Eviction guides for every state

Cities and counties can add rules. LeaseCraft is not a law firm and this is not legal advice.