New Mexico Eviction Notice

New Mexico notice periods

Each period is the one LeaseCraft's record of the statute holds. Read it with the conditions under it: some periods are minimums and some apply unless the lease sets another. "Lease controls" means the record holds no statutory period for that situation, and "No pre-suit notice" means it holds no notice before filing. The source column shows the law and the date LeaseCraft read it on the official site (most recently 2026-09-27).

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.

Delivery, form and other New Mexico rules

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. Check it before you serve the notice.

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/

• Form 4-901: https://nmcourts.gov/wp-content/uploads/sites/62/2023/12/4-901-Three-3-day-notice-of-nonpayment-of-rent.pdf
• Form 4-902: https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2024/02/Form-4-902-NMRA.pdf

NMSA 1978 § 47-8-33(A), (D), (I); NMRA Forms 4-901, 4-901A, 4-902, 4-903 · read 2026-09-27

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 2026-09-27

Preparing the notice

The form asks for the tenancy, the kind of notice and the dates, and the notice ends with a Certificate of Service to record how you delivered it. Beside the finished notice you get a New Mexico checklist of the period, form and delivery rules LeaseCraft recorded. The period in the notice is the one you choose; where LeaseCraft has verified the New Mexico period and your deadline is too soon, the document is not prepared until you move it.

Create a New Mexico eviction notice

A notice is not a court order and does not by itself remove a tenant. Cities and counties can add rules. LeaseCraft is not a law firm and this is not legal advice.

Eviction Notice rules in nearby states

Eviction Notice rules for every state