New Mexico Eviction Notice
A New Mexico eviction notice is a formal document issued by a landlord to a tenant who has violated the terms of their rental agreement. This notice serves as a legal demand for the tenant to either remedy the issue or vacate the premises within a specified timeframe. The eviction notice must comply with state regulations, allowing tenants the mandated duration to address the situation before further legal action can be taken.
New Mexico Eviction Notice
Types of New Mexico Eviction Notices
In New Mexico, landlords must utilize specific eviction notice forms based on the reason for eviction. The primary types of eviction notices include:
- 3-Day Notice to Quit: Issued for non-payment of rent.
- 7-Day Notice to Comply or Vacate: Issued for curable lease violations.
- 7-Day Notice to Vacate: Issued for repeat lease violations.
- 3-Day Notice to Vacate: Issued for incurable lease violations.
- 30-Day Notice to Vacate: Issued for terminating month-to-month or year-to-year leases.
Grounds for Eviction
Landlords in New Mexico can evict tenants for several reasons, including:
- Nonpayment of Rent: A 3-day notice is required under § 47-8-33(D).
- Lease Violations: A 7-day notice is required for curable violations under § 47-8-33(A).
- Repeat Lease Violations: A 7-day notice is issued without a chance to cure under § 47-8-33(B).
- Illegal Activity or Substantial Property Damage: A 3-day notice is required under § 47-8-33(I).
- Termination of a Lease: A 30-day notice is required for month-to-month leases under § 47-8-37.
How to Write an Eviction Notice
When preparing an eviction notice in New Mexico, landlords should include the following details:
- Tenant Information: Full name and address of the tenant.
- Lease Violation Details: Specify the lease violation and any balance due.
- Date of Termination: Clearly state the date by which the tenant must comply.
- Landlord’s Information: Print name, sign the notice, and include the landlord’s address.
- Delivery Method: Note the date and method of delivery, along with printed name and signature.
How to Serve an Eviction Notice
Landlords may serve an eviction notice through the following methods:
- Hand Delivery: Delivering the notice directly to the tenant.
- First-Class Mail: Sending the notice via first-class mail with a certificate of mailing.
- Posting: Posting the notice on the exterior door of the premises, combined with either hand delivery or mailing.
Eviction Process in New Mexico
The eviction process in New Mexico involves several steps:
- Serve an Eviction Notice: Deliver the appropriate notice based on the reason for eviction.
- File an Eviction Lawsuit: If the tenant does not comply, the landlord can file for Unlawful Detainer in the local Magistrate Court.
- Court Hearing: Both landlord and tenant present their cases, and the judge decides on the eviction.
- Writ of Restitution: If the judge rules in favor of the landlord and the tenant does not vacate, the landlord may file for a Writ of Restitution to have the tenant forcibly removed.
Important Considerations
- Grace Period: Tenants have a specified period to remedy the situation after receiving an eviction notice.
- Legal Compliance: Landlords must follow state laws and cannot forcibly evict tenants without going through the proper legal process.
- Documentation: It is advisable for landlords to keep records of all communications and notices served to tenants.
Statutes
- N.M. Stat. § 47-8-6(A) – Recovery of damages
- N.M. Stat. § 47-8-15(B) – Payment of rent
- N.M. Stat. § 47-8-15(D) – Payment of rent
- N.M. Stat. § 47-8-15(F) – Payment of rent
- N.M. Stat. § 47-8-18(A) – Deposits
- N.M. Stat. § 47-8-18(B) – Deposits
- N.M. Stat. § 47-8-18(C) – Deposits
- N.M. Stat. § 47-8-18(D) – Deposits
- N.M. Stat. § 47-8-18(A)(1) – Deposits
- N.M. Stat. § 47-8-19 – Owner disclosure
- N.M. Stat. § 47-8-20(G) – Obligations of owner
- N.M. Stat. § 47-8-20 – Obligations of owner
- N.M. Stat. § 47-8-22 – Obligations of resident
- N.M. Stat. § 47-8-24(A)(1)(2) – Right of entry
- N.M. Stat. § 47-8-24(B) – Right of entry
- N.M. Stat. § 47-8-24(A)(1)(2) – Right of entry
- N.M. Stat. § 47-8-25 – Use of dwelling unit limited
- N.M. Stat. § 47-8-27.1 – Breach of agreement by owner and relief by resident
- N.M. Stat. § 47-8-27.2 – Abatement
- N.M. Stat. § 47-8-33(A) – Breach of agreement by resident and relief by owner
- N.M. Stat. § 47-8-33(B) – Breach of agreement by resident and relief by owner
- N.M. Stat. § 47-8-33(J) – Breach of agreement by resident and relief by owner
- N.M. Stat. § 47-8-33 – Breach of agreement by resident and relief by owner
- N.M. Stat. § 47-8-34(B) – Notice of extended abscence
- N.M. Stat. § 47-8-36 – Unlawful removal and diminution of services prohibited
- N.M. Stat. § 47-8-37(A) – Notice of termination and damages
- N.M. Stat. § 47-8-37(B) – Notice of termination and damages
- N.M. Stat. § 47-8-39 – Owner retaliation prohibited
- N.M. Stat. § 47-8-48 – Prevailing party rights in law suit; civil penalties
- N.M. Stat. § 34-8A-3 – Metropolitan court; jurisdiction
- N.M. Stat. § 47-8-42 – Petition for restitution
- N.M. Stat. § 37-1-3(A) – Notes; written instruments; period of limitation; computation of period
- N.M. Stat. § 37-1-4 – Accounts and unwritten contracts; injuries to property; conversion; fraud; unspecified actions
FAQs
A New Mexico eviction notice is a formal document sent by a landlord to inform a tenant of a lease violation or nonpayment of rent. It should be used when a tenant fails to pay rent, violates lease terms, causes property damage, or engages in illegal activities on the premises.
In New Mexico, there are several types of eviction notices, including the 3-Day Notice to Quit for nonpayment of rent, the 7-Day Notice to Comply or Vacate for lease violations, the 7-Day Notice to Vacate for repeat violations, and the 30-Day Notice to Vacate for terminating month-to-month tenancies.
The response time varies based on the type of eviction notice. Tenants have 3 days to pay rent after a 3-Day Notice to Quit, 7 days to correct a lease violation after a 7-Day Notice to Comply, and 30 days for a 30-Day Notice to Vacate to terminate a month-to-month lease.
To evict a tenant in New Mexico, a landlord must first serve the appropriate eviction notice. If the tenant does not comply, the landlord can file an eviction lawsuit in local court, attend a hearing, and, if successful, obtain a Writ of Restitution to have the tenant removed.
No, landlords cannot forcibly evict tenants without going through the formal eviction process. This includes serving an eviction notice and obtaining a court order for eviction; self-help methods like changing locks or removing belongings are illegal.
If a tenant does not comply with an eviction notice, the landlord can file an eviction lawsuit, known as a Petition for Writ of Restitution, in local court. If the court rules in favor of the landlord, the tenant will be given a date to vacate the property.
A New Mexico eviction notice must include the tenant’s full name and address, the specific lease violation or reason for eviction, the date of termination, and the landlord’s signature and address. It should also specify the time frame for compliance.
A landlord can serve an eviction notice in New Mexico through hand delivery, first-class mail with a certificate of mailing, or by posting the notice on the tenant’s door along with either hand delivery or mailing. Proper service is crucial for the notice to be legally recognized.
Legal grounds for eviction in New Mexico include nonpayment of rent, lease violations, illegal activities on the property, and substantial property damage. Each ground requires a specific type of eviction notice and corresponding notice period.