New Mexico Eviction Notice
Create a proper New Mexico eviction notice — pay-or-quit, cure-or-quit, or termination — and download a print-ready PDF. Free, no signup. The preview updates as you type.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
What happens after the notice in New Mexico
If the tenant does not comply, the eviction moves to court. These are New Mexico’s own rules for that step, from the judiciary and the statute.
- What the case is called. In New Mexico an eviction lawsuit is a(n) Petition by owner for restitution (Uniform Owner-Resident Relations Act) action. — NM Supreme Court Form 4-905B NMRA (2023 PDF) ↗
- Where to file. If the tenant doesn’t comply with the notice, the landlord files in the Magistrate Court (Bernalillo County Metropolitan Court in Bernalillo County); District Court also has jurisdiction. — NM Courts — The Eviction Process for Non-Payment of Rent (snapshot 2026-01-23) ↗
- How to serve the notice. Written notice to the resident is received when delivered in hand or mailed to the address the resident designated, or absent designation, to the last known residence. — NMSA 1978 § 47-8-13 (2021) — Justia mirror ↗
- Official notice form. New Mexico’s courts publish an official notice form — compare it with the one you generate here. — NM Supreme Court Form 4-901 NMRA (Section 47-8-33 NMSA 1978), 2023 PDF ↗
- Official guidance. New Mexico publishes its own instructions for the court step; read them before filing. — NM Courts — The Eviction Process for Non-Payment of Rent (snapshot 2026-01-23) ↗
- No self-help. NMSA 1978 § 47-8-36(A): owner shall not exclude/dispossess a resident without a court order by changing locks, blocking entrances, interfering with utilities, removing property, etc. — NMSA 1978 § 47-8-36 (2021) — Justia mirror ↗
Each point links to the New Mexico source it was taken from. Rules change; confirm before relying on them.
New Mexico notice periods · as of 2026
- Non-payment of rent
- 3 days
- Lease violation (cure)
- 7 days
- End month-to-month
- 30 days
Source: N.M. Stat. Ann. § 47-8-33; § 47-8-37 · verify ↗. Using the wrong number can void the notice — confirm the current rule before you serve it.
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Types of eviction notice
- Pay or quit — for unpaid rent: pay by the deadline or move out.
- Cure or quit — for a lease violation: fix it by the deadline or move out.
- Unconditional / termination — to end a month-to-month tenancy or for serious violations.
New Mexico notice period & service
The number of days and how you must deliver the notice are set by New Mexico law — get both right, keep proof of service, and never lock out or remove a tenant yourself. Check the current New Mexico eviction rules before serving.
If the tenant moves out still owing rent, the notice won’t collect it. Put the amount and a deadline in writing with a New Mexico demand letter for payment; if it’s ignored, you can file in New Mexico small claims court, where the limit is $10,000.
Frequently asked questions
How many days notice do I have to give in New Mexico?
In New Mexico, a non-payment (pay-or-quit) notice must give the tenant 3 days to pay or leave (as of 2026). Source: N.M. Stat. Ann. § 47-8-33; § 47-8-37. Notice periods for lease violations or ending a tenancy differ — see the box on this page and confirm current law before serving.
How do I serve the notice in New Mexico?
States set rules for delivery — often personal delivery, leaving it with an adult at the home, and/or mailing a copy. Keep proof of how and when you served it. Improper service is a common reason eviction cases get dismissed, so follow New Mexico’s method carefully.
Do I need a lawyer?
Not always for the notice itself, but eviction is technical and a small mistake can restart the clock. For contested cases, commercial properties, or if the tenant has an attorney, it’s worth consulting a landlord-tenant lawyer in New Mexico.
Where does a landlord file an eviction case in New Mexico?
If the tenant does not comply with the notice, the landlord files in the Magistrate Court (Bernalillo County Metropolitan Court in Bernalillo County); District Court also has jurisdiction (the case is called a(n) Petition by owner for restitution (Uniform Owner-Resident Relations Act) action). Source: NM Courts — The Eviction Process for Non-Payment of Rent (snapshot 2026-01-23).
How must an eviction notice be served in New Mexico?
Written notice to the resident is received when delivered in hand or mailed to the address the resident designated, or absent designation, to the last known residence. Source: NMSA 1978 § 47-8-13 (2021) — Justia mirror.
How does New Mexico compare? See the notice periods in all 50 states, every figure cited to statute. Not sure which notice applies? Try the 2-question wizard.
How New Mexico compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for New Mexico: N.M. Stat. Ann. § 47-8-33; § 47-8-37 ↗.
- Notice to pay rent or quit
Notice to pay rent or quit: 3 days — below the national median of 5 days across the 47 states with a statutory rule.
This is the most common figure nationally — shared by 15 other states.
Notice to pay rent or quit in neighboring states — Arizona (5 days), Colorado (10 days), Oklahoma (5 days), Texas (3 days), Utah (3 days).
- Notice to cure a lease violation
Notice to cure a lease violation: 7 days — well under the national median of 14 days across the 38 states with a statutory rule.
Ranked #28 of 38 states (tied with 4) — higher means more time to fix the violation.
4 other states use the same figure.
Notice to cure a lease violation in neighboring states — Arizona (10 days), Colorado (10 days), Oklahoma (15 days), Texas (no statutory rule), Utah (3 days).
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 30 days, exactly the national median.
This is the most common figure nationally — shared by 36 other states.
Notice to end a month-to-month tenancy in neighboring states — Arizona (30 days), Colorado (21 days), Oklahoma (30 days), Texas (30 days), Utah (15 days).
The rest of what New Mexico requires
The figures below are New Mexico's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full New Mexico page for that document.
- Security deposit cap · as of 2026
- 1 month's rent (leases under 1 yr; no cap on longer) N.M. Stat. §47-8-18 ↗
- Deposit return deadline · as of 2026
- 30 days after move-out N.M. Stat. §47-8-18 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 30 days N.M. Stat. §47-8-18 ↗
- Small claims limit · as of 2026
- $10,000 NMSA 1978 § 35-3-3 (Magistrate Court); NMSA 1978 § 34-8A-3 (Metropolitan Court) ↗
- Where you file · as of 2026
- Magistrate Court (Bernalillo County Metropolitan Court in Albuquerque) · filing fee $77 civil filing fee in Bernalillo County Metropolitan Court (metro.nmcourts.gov); magistrate courts charge approximately the same — secondary sources report $77–$87 statewide NMSA 1978 § 35-3-3 (Magistrate Court); NMSA 1978 § 34-8A-3 (Metropolitan Court) ↗
- Rental application fee · as of July 2026
- Capped at $50 screening fee (eff. 9/20/2025) New Mexico Legislature ↗
- Bill of sale notarization · as of 2026
- Not required New Mexico MVD (Form MVD-10009) ↗
- Power of attorney signing · as of 2026
- Notarization recommended N.M. Stat. §45-5B-105 (form §45-5B-301) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules NMSA 1978, § 53-19-2(O) (definition) ↗
- Recording a deed · as of 2026
- County Clerk · no witnesses NMSA 1978, § 14-8-4 ↗
Eviction notice in other states
More New Mexico legal forms
Different state? See eviction notices by state →