New Mexico Eviction Process: 3-Day and 7-Day Notices Explained

Effective July 1, 1975, the New Mexico eviction process is strictly governed by the Uniform Owner-Resident Relations Act (UORRA). Landlords must meticulously follow the procedures outlined in NMSA 1978, § 47-8-1 et seq.; any procedural misstep can result in the case being dismissed in Magistrate Court or the Bernalillo County Metropolitan Court.

Step 1: The Eviction Notice

Every legal eviction must begin with a proper written notice. The type of notice depends entirely on the reason for eviction. Note that for notice periods of 11 days or less, New Mexico calculates the time as "judicial days," which excludes intermediate Saturdays, Sundays, and legal holidays per Rule 1-006 NMRA.

Non-Payment of Rent: 3-Day Notice

If rent is unpaid when due, the landlord must serve a 3-Day Notice to Pay or Quit under NMSA 1978, § 47-8-33(D).

• The tenant has three full judicial days (excluding the day of service, weekends, and legal holidays) to pay the entire amount of rent owed.
• If the tenant pays in full within the three days, the landlord must accept the payment, and the eviction is halted.

Curable Lease Violations: 7-Day Notice

For material violations of the lease (e.g., unauthorized pets, keeping a messy yard), the landlord serves a 7-Day Notice to Cure or Quit per NMSA 1978, § 47-8-33(A).

• The tenant has seven judicial days to remedy the violation. If fixed, the tenancy continues.

Repeat Lease Violations: 7-Day Unconditional

If the tenant commits the same lease violation within a six-month period after already receiving a 7-Day Notice to Cure for that issue, the landlord can serve a 7-Day Unconditional Quit Notice (NMSA 1978, § 47-8-33(B)). The tenant has no right to cure and must vacate.

Substantial Violations: 3-Day Unconditional

For serious offenses—such as illegal drug activity, violent behavior, or causing intentional or reckless physical damage to the property in an amount that exceeds the amount of the damage deposit—the landlord can serve a 3-Day Unconditional Quit Notice under NMSA 1978, § 47-8-33.1(A)(6). The tenant must leave within three judicial days with no option to cure.

Holdover / Month-to-Month Termination

To end a month-to-month tenancy with no fault required, the landlord must issue a 30-Day Written Notice prior to the next rental due date (NMSA 1978, § 47-8-37).

Step 2: Filing the Petition

If the notice period expires and the tenant has neither cured the issue nor vacated, the landlord files an "Action for Restitution" (NMSA 1978, § 47-8-40) in the local Magistrate Court or Metropolitan Court.

Step 3: The Court Hearing

• Summons: The court issues a summons (NMSA 1978, § 47-8-43), which a sheriff or private process server must serve to the tenant.
• Trial: A hearing is scheduled not less than seven nor more than fifteen days after the service of summons (NMSA 1978, § 47-8-42(B)).
• At the hearing, the judge will ask if either party wants mediation. If mediation fails or is declined, the judge hears evidence from both sides.

Step 4: The Writ of Restitution

If the judge rules in favor of the landlord:

• The court issues a Writ of Restitution (NMSA 1978, § 47-8-46).
• The execution of the writ by the sheriff must occur not less than three nor more than seven days after the entry of judgment (NMSA 1978, § 47-8-46(C)).
• If the tenant does not leave by the date stated on the Writ, a law enforcement officer (Sheriff or constable) will physically remove the tenant. Landlords can never physically remove the tenant themselves.

The Ban on Self-Help Evictions

New Mexico strictly prohibits "self-help" evictions under NMSA 1978, § 47-8-36. Changing locks, shutting off utilities, or removing the tenant's doors/windows without a Writ of Restitution is illegal. Landlords who do so face lawsuits for damages and civil penalties.

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