New Mexico Eviction Laws
Step-by-step guide for landlords filing an eviction in New Mexico (NM).
3 days
Pay or Quit
7 days
Cure or Quit
30 days
Notice to Vacate
$42–$100
Filing Fee
New Mexico Quick Facts
- Typical timeline: 21–45 days
- Jury trial available: No — judge decides
- Self-help eviction: Banned — changing locks, removing belongings, or shutting off utilities is illegal
- State notes: Petition for Restitution filed in Magistrate Court or District Court.
Self-Help Eviction is Illegal in New Mexico
You cannot change the locks, remove the tenant's belongings, shut off utilities, or physically remove the tenant yourself. Doing so exposes you to significant civil and potentially criminal liability. You must use the court process.
Step-by-Step Process in New Mexico
- 1
Confirm valid grounds for eviction
In New Mexico, valid grounds include nonpayment of rent, lease violations, illegal activity, or expiration of the lease term. Document everything in writing before proceeding.
- 2
Serve written notice (3-day pay-or-quit for nonpayment)
Deliver the notice via the method required by New Mexico law — typically personal delivery, posting + mailing, or certified mail. Keep proof of delivery. The notice period begins the day after service.
- 3
Wait out the notice period
Do not file with the court until the full 3-day notice period has expired and the tenant has neither paid nor vacated. Accepting any rent payment after serving notice may void the notice in New Mexico.
- 4
File with the court
File an Unlawful Detainer (or equivalent) action with your local New Mexico court. Court filing fees in New Mexico typically run $42–$100. Bring copies of your lease and notice.
- 5
Serve the tenant with the summons
The court will issue a summons. The tenant must be properly served — usually by a process server or sheriff. Improper service is a common reason cases are dismissed.
- 6
Attend the hearing
Bring all documentation: signed lease, notice with proof of service, rent ledger, and any communications. In New Mexico, a judge decides the facts — no jury.
- 7
Obtain a Writ of Possession
If you win, the court issues a Writ of Possession (sometimes called a Writ of Restitution). There is typically a short waiting period before the writ can be executed.
- 8
Sheriff lockout (if needed)
If the tenant does not leave voluntarily, the sheriff's office executes the writ and removes the tenant. You may not change locks or remove belongings yourself — self-help eviction is illegal in New Mexico.
Notice Types in New Mexico
Pay or Quit — 3 days
Used when the tenant has not paid rent. The tenant must pay in full or vacate within 3 days.
Cure or Quit — 7 days
Used for fixable lease violations (unauthorized pets, unapproved occupants, etc.). The tenant has 7 days to fix the violation or vacate.
Notice to Vacate (Non-Renewal) — 30 days
Used to end a month-to-month tenancy or notify the tenant you will not renew the lease. Must be served at least 30 days before the desired move-out date.
Find New Mexico Court Forms
Search for “New Mexico unlawful detainer forms” or “New Mexico eviction forms” on your state court's official website (.gov domain). Many states provide free self-help court forms for landlords.
Helpful Resources
Disclaimer
This is general legal information, not legal advice. New Mexico eviction laws change frequently and local ordinances (city/county) may impose additional requirements. Consult a licensed attorney in New Mexico for your specific situation.