AI New Mexico Eviction Notice

New Mexico eviction notices are governed by the New Mexico Uniform Owner-Resident Relations Act, NMSA § 47-8-1 et seq., specifically § 47-8-33 for breach by resident and relief by owner. Landlords may not utilize self-help eviction methods such as changing locks, shutting off utilities, or removing doors or personal property. After proper notice and expiration of the applicable period without cure or vacation, the owner must file a petition for restitution of premises in Magistrate Court or District Court to obtain a judgment and writ of restitution. This document provides the required pre-filing notice only., -

Date of Notice: [[Date of Notice]]

TO (Resident / Tenant(s)): [[Tenant / Resident Full Legal Name(s)]]
[[Tenant Current Address / Premises, Unit if applicable]]
[[City]], New Mexico [[ZIP Code]]

FROM (Owner / Landlord or Authorized Agent): [[Owner or Agent Full Legal Name]]
[[Owner Mailing Address]]
[[City]], New Mexico [[ZIP Code]]
Phone: [[Owner Phone]] | Email: [[Owner Email]]

RE: Notice of Noncompliance / Notice to Pay Rent or Quit, Premises at [[Full Property Address]], [[City]], New Mexico [[ZIP Code]], -

1. Legal Basis

This notice is issued pursuant to NMSA § 47-8-33. The Owner may terminate the rental agreement and recover possession only after proper written notice and expiration of the statutory period without cure. Self-help evictions are prohibited under NMSA § 47-8-36 and may subject the Owner to liability for actual damages, penalties, and attorney fees.

This notice does not constitute a court filing, judgment, or order. Only after service of this notice (where required), expiration of the notice period without cure, filing of a petition in the appropriate court, service of the petition and summons, a hearing, and entry of a judgment for restitution may actual removal occur., -

2. Notice Type and Statutory Ground(s)

Select and complete the applicable notice type(s):

A. Nonpayment of Rent, Three (3) Day Notice to Pay or Quit (NMSA § 47-8-33(D))

Resident has failed to pay rent when due. This notice demands payment of the rent owed or surrender of the Premises.

Total Rent Demanded (rent only): $[[Total Rent Owed, rent only; exclude late fees unless permitted]]

Period Covered: [[e.g. "Rent for the months of [list] at $X per month"]]

Payment Instructions: Payment must be made to [[Owner/Agent Name]] at [[Payment Address or Method]] by the deadline.

You must pay the full amount demanded or vacate on or before 11:59 p.m. on [[Deadline Date, the third day after proper service, excluding day of service]].

If you pay the full amount before the deadline, this notice is void as to nonpayment.

B. Noncompliance with Rental Agreement, Seven (7) Day Notice to Remedy or Quit (NMSA § 47-8-33(A))

Resident has materially breached the rental agreement or violated a provision materially affecting health and safety.

Description of Breach: [[Specific description of the violation, dates, prior notices, lease sections violated. Example: "Failure to keep the premises clean and sanitary in violation of lease paragraph 7 and NMSA § 47-8-22, resulting in pest infestation and odors affecting other residents. Previous written notice dated [[Date]]."]]

You must remedy the breach described above within seven (7) days after receipt of this notice or vacate the Premises on or before 11:59 p.m. on [[Deadline Date, seventh day after service]].

If the breach is not remedied within the seven-day period, the rental agreement will terminate and Owner may file for restitution of the Premises.

Warning: A second material noncompliance with the rental agreement within six (6) months may result in termination of the rental agreement upon a subsequent seven-day notice under NMSA § 47-8-33(C).

C. Irreparable Breach or Other Grounds, Unconditional Quit Notice (NMSA § 47-8-33)

In cases of material and irreparable breach (e.g., assignment or subletting without consent, unlawful assignment of the premises, use of the premises for unlawful purposes, or repeated serious breaches after prior notice), Owner may serve notice requiring vacation without opportunity to cure.

Specific Grounds: [[Describe the irreparable breach with facts and dates]]

You must vacate the Premises on or before 11:59 p.m. on [[Deadline Date, as calculated per statute and facts, typically not less than three or seven days depending on ground]]., -

3. Premises

The residential premises subject to this notice are:

[[Full Property Address including unit if applicable]]
[[City]], New Mexico [[ZIP Code]], -

4. Amounts Owed (Non-Payment Cases)

Total Rent Demanded: $[[Total Rent Owed]]

Additional Recoverable Amounts (if any, only those permitted): [[List only amounts permitted by lease and NMSA for the ground asserted]]

Demand: You are hereby demanded to pay the above rent in full within the notice period or to vacate and surrender possession of the Premises., -

5. Notice Period and Deadline Computation

Deadlines are computed as follows (confirm with current court practice):

• Three-day notices for nonpayment: three (3) days after receipt, excluding the day of service. Weekends and holidays may affect court computation.

• Seven-day notices for noncompliance: seven (7) days after receipt.

The exact deadline date is stated above. If the deadline falls on a weekend or court holiday, consult local rules or legal counsel for the effective date., -

6. Demand to Cure or Vacate

You must either:

• Pay the full rent demanded (for nonpayment notices), or

• Fully remedy the described breach (for curable noncompliance notices), or

• Vacate the Premises

by the deadline stated in the selected notice type above.

Failure to do so will result in termination of your tenancy and Owner will proceed with filing a petition for restitution of premises in the appropriate Magistrate or District Court., -

7. Service of Notice

This notice must be served by one of the following methods permitted under New Mexico law:

1. Personal delivery to the resident.

2. Delivery to a person of suitable age and discretion at the premises and mailing a copy.

3. Posting in a conspicuous place on the premises and mailing a copy by certified mail.

4. Other method authorized by court rule or agreement.

Proof of Service (to be completed upon service):

I certify that on [[Date of Service]] at approximately [[Time]], I served a copy of this notice upon the resident(s) named above by:

[ ] Personal delivery to [[Name]]

[ ] Delivery to person of suitable age + mailing

[ ] Posting + certified mail (attach receipt)

[ ] Other: [[Describe]]

Server Signature: ______________________________ Date: ___________

Printed Name: [[Server Full Name]] Title/Relation: [[ ]], -

8. Post-Notice Requirements

After the notice period expires without cure or vacation, Owner must file a petition for restitution in the proper court, pay any required filing fees, and serve the resident with the petition and summons. A hearing will be scheduled. Only after obtaining a judgment and writ of restitution may the Owner request the sheriff or constable to remove the resident and belongings. Owner may not take possession by force or other self-help., -

9. Landlord Certification

I certify under penalty of perjury that the facts stated in this notice are true and that I have a good faith basis for this action under NMSA § 47-8-33.

___________________________________
[[Owner / Landlord or Authorized Agent Full Name]]
Date: [[Date Signed]], -

> ⚠️ Template example, not professional (legal/financial/medical) advice. This is a template only. Verify current statutory periods, forms, and procedures with the New Mexico Courts (nmcourts.gov) and NMSA § 47-8-33 as of June 2026. Court filing is required to complete an eviction. Consult qualified New Mexico counsel.