New Mexico Notice to Vacate: 2026 Landlord Rules & Timeline

Q: Can a New Mexico resident pay the overdue rent to stop the termination?

Yes, if payment is made in time. Rule 4-901 NMRA states that if the amount due is not paid within three days from the date of delivery, the rental agreement shall be terminated, which means a resident who pays the full amount due before that period runs keeps the agreement intact under NMSA 1978, Section 47-8-33(D). The form identifies the premises, the total amount owed, and the acceptable forms of payment so the resident knows exactly what to tender. The New Mexico Supreme Court Law Library Resource Guide describes the period as counted from the date the owner hands over the notice, so the count begins on delivery rather than on the date the rent first came due.

Q: What is the difference between the 7-day cure notice and the 7-day second-breach notice?

Both run seven days, but they work differently under NMSA 1978, Section 47-8-33(A)-(B). The first 7-day notice (Rule 4-902 NMRA) is a cure notice: the resident has seven days from delivery to fix a non-rent material noncompliance, and the notice must be given within 30 days after the problem occurs or the owner learns of it. The second notice applies when a second material noncompliance of a like nature occurs within six months of the first notice. On that second breach the resident has no right to cure; the agreement terminates seven days from the date of delivery regardless of whether the conduct is corrected.

Q: When can a New Mexico owner use a 3-day substantial-violation notice?

A 3-day immediate-termination notice (Rule 4-901A NMRA) is available for a substantial violation under NMSA 1978, Section 47-8-33(I), with no cure period. The conduct must occur on or within 300 feet of the premises and falls into enumerated categories: possession, use, sale, distribution, or manufacture of a controlled substance (other than misdemeanor possession and use); unlawful use of a deadly weapon; unlawful action causing serious physical harm to another person; sexual assault or sexual molestation of another person; entry into another person's dwelling unit or vehicle without permission and with intent to commit theft or assault; theft or attempted theft of another's property by use or threatened use of force; or intentional or reckless damage to property in excess of one thousand dollars. The owner may terminate three days from the date of service.

Q: What military protections apply to a New Mexico tenant?

Federal protections under the Servicemembers Civil Relief Act, 50 U.S.C. Section 3955, generally allow an active-duty servicemember to terminate a residential lease on entry into military service or on receipt of permanent-change-of-station or deployment orders of 90 days or more. An owner who receives a lease-termination notice tied to military orders should verify the orders before proceeding with a notice to vacate or a Petition for Restitution on the same tenancy. The exact federal terms should be confirmed against the current statute before relying on a specific timeline.

Q: What makes a termination notice legally invalid in New Mexico?

New Mexico publishes Supreme-Court-approved forms (Rules 4-901, 4-901A, 4-902, 4-903 NMRA) precisely because the notice must meet specific content and service requirements. A nonpayment notice must identify the premises and total rent due and state that the agreement terminates if the amount is not paid within three days from delivery. A noncompliance notice must describe the acts or omissions specifically and in detail with dates. Service must follow NMSA 1978, Section 47-8-13(D): personal delivery, certified mail with return receipt requested, or posting plus certified mailing. A notice that omits required content or is not served by an approved method can undermine the later Petition for Restitution, so owners should use the correct form and document service.

Q: Can a New Mexico owner be accused of retaliation after a tenant complaint?

Yes. NMSA 1978, Section 47-8-39 prohibits owner retaliation. In general terms, an owner may not retaliate against a resident for actions such as complaining to a government agency about a code violation, organizing or joining a tenant organization, exercising a right under the Act, or prevailing in a related proceeding. A retaliation defense is a common response to a termination, so owners should be able to document an independent, lawful ground (such as nonpayment or a documented noncompliance) for the notice. The precise protected actions and any presumption window should be confirmed against the current statute.

Reviewed by DocDraft Legal Team · New Mexico · Last updated 2026-05-31

New Mexico landlord terminations run under the Uniform Owner-Resident Relations Act, NMSA 1978, Sections 47-8-33 and 47-8-37. Nonpayment of rent uses a 3-day written notice under Section 47-8-33(D), while a non-rent material noncompliance uses a 7-day cure notice under Section 47-8-33(A)-(B). A periodic month-to-month tenancy ends on 30 days written notice under Section 47-8-37, and an enumerated substantial violation under Section 47-8-33(I) supports a 3-day immediate-termination notice. If the resident stays after the notice period, the owner files a Petition by Owner for Restitution in the Magistrate, Metropolitan, or District Court, with trial set 7 to 10 days after service of summons and a writ of restitution following judgment.

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What is the step-by-step process to serve a notice to vacate in New Mexico?

New Mexico follows a fixed sequence under the Uniform Owner-Resident Relations Act. First, identify the cause and pick the matching Supreme-Court-approved form: Rule 4-901 NMRA for a 3-day nonpayment notice, Rule 4-902 NMRA for a 7-day noncompliance notice, Rule 4-901A NMRA for a 3-day substantial-violation notice, or Rule 4-903 NMRA for a 30-day periodic termination. Second, serve the notice under NMSA 1978, Section 47-8-13(D) by personal delivery to the resident, by certified mail with return receipt requested, or by posting on the door (affixed by taping all sides or placed in a fixture or receptacle designed for notices) plus mailing by certified mail. Third, wait the full notice period from the date of delivery. Fourth, if the resident remains, file a Petition by Owner for Restitution in the proper court.

How many days notice does New Mexico require for nonpayment of rent?

New Mexico requires a 3-day written notice for nonpayment of rent under NMSA 1978, Section 47-8-33(D). Rule 4-901 NMRA states that if the amount due is not paid within three days from the date of delivery, the rental agreement shall be terminated. The notice identifies the premises and the total rent due, lists acceptable forms of payment, and includes the owner or agent signature, the date, and a completed service-of-notice block. The New Mexico Supreme Court Law Library Resource Guide describes the three days as counted from the date the owner gives the notice.

How much notice ends a month-to-month tenancy with no cause in New Mexico?

A periodic month-to-month tenancy ends on a 30-day written notice under NMSA 1978, Section 47-8-37. Rule 4-903 NMRA requires that for a month-to-month residency the 30-day notice be given at least 30 days before the periodic rental date; for example, if rent is due on the 1st, the notice must be given at least 30 days before the 1st. For a week-to-week residency the notice period is 7 days (one week), and the form is adjusted to read One-Week instead of Thirty-Day. New Mexico does not publish a separate no-fault category for sale, owner move-in, or demolition; a no-cause termination of a periodic tenancy uses this Section 47-8-37 notice.

What happens after the notice period if the tenant does not vacate?

If the resident remains after the notice period, the owner files a Petition by Owner for Restitution under NMSA 1978, Sections 47-8-42 and 47-8-46 in the Magistrate Court, the Bernalillo County Metropolitan Court, or the District Court for the county where the property sits. The clerk sets trial 7 to 10 days after the owner is expected to serve the petition, summons, and answer form on the resident, under Section 47-8-43. If the court enters a Judgment for Restitution for the owner, the judge sets an eviction date no less than 3 and no more than 7 days from the trial date unless the parties agree otherwise, and a writ of restitution may issue under Section 47-8-46.

New Mexico notice-to-vacate framework at a glance

New Mexico landlord terminations run under the Uniform Owner-Resident Relations Act, NMSA 1978, Chapter 47, Article 8. Nonpayment of rent uses a 3-day written notice under Section 47-8-33(D), a non-rent material noncompliance uses a 7-day cure notice under Section 47-8-33(A)-(B), and an enumerated substantial violation under Section 47-8-33(I) supports a 3-day immediate-termination notice. A periodic month-to-month tenancy ends on 30 days written notice under Section 47-8-37, with 7 days for week-to-week. Unlike most states, New Mexico publishes Supreme-Court-approved notice and pleading forms (NMRA Rules 4-901 through 4-905) that owners use for both the pre-suit notice and the court action. After the notice period, the owner files a Petition by Owner for Restitution under Sections 47-8-42 and 47-8-46 in the Magistrate Court, the Bernalillo County Metropolitan Court, or District Court for the county; trial is set 7 to 10 days after service of summons under Section 47-8-43. The New Mexico Judicial Branch publishes the landlord-tenant forms and self-help materials at nmcourts.gov.

Landlord Resources

New Mexico Courts Landlord-Tenant Forms

Official New Mexico Judicial Branch index of the Supreme-Court-approved Uniform Owner-Resident Relations Act notice and pleading forms, including the 3-day nonpayment notice (Rule 4-901), 7-day noncompliance notice (Rule 4-902), 30-day termination notice (Rule 4-903), and Petition by Owner for Restitution (Rule 4-904).

New Mexico Supreme Court Law Library Landlord-Tenant Resource Guide

Judicial-branch self-help guide explaining owner and resident rights and obligations under the Uniform Owner-Resident Relations Act, including the notice rules and the court process for restitution.

New Mexico Courts Owner-Resident Relations Brochure

New Mexico Courts self-help brochure on the eviction process, covering service of the petition, the 7-to-10-day trial setting, the judge-excusal window, and the post-judgment eviction date.

Relevant Laws

NMSA 1978, Section 47-8-33 (Breach of Agreement by Resident; Relief by Owner)

Sets the 3-day nonpayment notice (subsection D), the 7-day cure notice and second-breach no-cure rule for non-rent noncompliance (subsections A-B), and the 3-day substantial-violation notice (subsection I).

NMSA 1978, Section 47-8-37 (Notice of Termination and Damages)

Governs termination of a periodic tenancy: 30 days written notice for month-to-month given at least 30 days before the periodic rental date, and 7 days for week-to-week.

NMSA 1978, Section 47-8-13(D) (Service of Notice)

Authorizes service of the pre-suit notice by personal delivery to the resident, by certified mail return receipt requested, or by posting on the door plus certified mailing.

NMSA 1978, Section 47-8-42 (Petition for Restitution)

Authorizes the Petition by Owner for Restitution, the post-notice court action filed after the resident fails to remedy the breach or vacate (implemented by Rule 4-904 NMRA).

NMSA 1978, Section 47-8-43 (Issuance of Summons; Trial Setting)

Requires the clerk to set trial 7 to 10 days after service of the summons and petition (implemented by Rule 4-905 NMRA, Summons and Notice of Trial).

NMSA 1978, Section 47-8-46 (Writ of Restitution)

Governs the writ of restitution issued after a Judgment for Restitution for the owner, restoring possession of the premises.

NMSA 1978, Section 47-8-39 (Owner Retaliation Prohibited)

Prohibits an owner from retaliating against a resident who exercises a protected right under the Uniform Owner-Resident Relations Act, such as reporting a code violation or joining a tenant organization.

Regional Variances

New Mexico restitution practice by court and county

Bernalillo County (Albuquerque Metropolitan Court)

Within Bernalillo County, the Petition by Owner for Restitution is heard in the Bernalillo County Metropolitan Court rather than a magistrate court. The Uniform Owner-Resident Relations Act notice rules and the 7-to-10-day trial setting under Section 47-8-43 apply the same way, but owners filing Albuquerque-area properties should confirm Metropolitan Court filing and service procedures and current fees before filing.

Santa Fe County (Magistrate Court)

Outside Bernalillo County, restitution petitions are filed in the Magistrate Court for the county where the property sits, such as Santa Fe County Magistrate Court, or in District Court. The same statewide notice periods apply: 3 days for nonpayment, 7 days for a noncompliance cure, and 30 days for a month-to-month termination. Confirm the local magistrate court's current civil filing-fee schedule, as fees can vary by court.

Dona Ana County (Magistrate Court)

Dona Ana County restitution petitions are filed in the county Magistrate Court. The widely circulated New Mexico Courts Owner-Resident Relations self-help brochure is a Dona Ana County Magistrate Court issuance; it lists a $77 petition filing fee and a 7-to-10-day trial window, figures owners should re-confirm against the current statewide magistrate or metropolitan court fee schedule before relying on them, since service fees are additional.

Suggested Compliance Checklist

Identify the cause and pick the matching statutory ground

Pre-notice days after starting

Map the situation to the correct Uniform Owner-Resident Relations Act ground. Nonpayment of rent: Section 47-8-33(D), 3-day notice. Non-rent material noncompliance: Section 47-8-33(A)-(B), 7-day cure notice. Second like noncompliance within six months: 7-day no-cure notice. Substantial violation under Section 47-8-33(I): 3-day immediate-termination notice. No-cause termination of a periodic tenancy: Section 47-8-37, 30 days month-to-month or 7 days week-to-week.

Draft the proper Supreme-Court-approved notice form

Pre-notice days after starting

Use the matching NMRA form: Rule 4-901 for a 3-day nonpayment notice, Rule 4-901A for a 3-day substantial-violation notice, Rule 4-902 for a 7-day noncompliance notice, or Rule 4-903 for a 30-day periodic termination. A nonpayment notice must identify the premises and total rent due. A noncompliance notice must describe the acts or omissions specifically and in detail with dates. Include the owner or agent signature, the date, and a completed service-of-notice block.

Document: notice-to-vacate

Serve the notice under Section 47-8-13(D)

Service days after starting

Serve by personal delivery to the resident; or by certified mail, return receipt requested; or by posting on the door plus mailing by certified mail. A posted notice must be affixed to a door by taping all sides or placed in a fixture or receptacle designed for notices. Record the method and date of delivery, because the notice period runs from the date of delivery.

Wait the full notice period before filing

Notice period days after starting

Do not file the Petition for Restitution before the notice period expires. The period runs from the date of delivery: 3 days for nonpayment or a substantial violation, 7 days for a noncompliance cure or a second-breach termination, and 30 days for a month-to-month termination (7 days week-to-week). Filing before the period runs can undermine the petition.

File the Petition by Owner for Restitution in the proper court

Post-notice days after starting

File the Petition by Owner for Restitution (Rule 4-904 NMRA) under Sections 47-8-42 and 47-8-46 in the Magistrate Court, the Bernalillo County Metropolitan Court, or the District Court for the county where the property sits. Attach a copy of the served written notice as an exhibit. Confirm the current civil filing fee for the court of filing; the New Mexico Courts brochure lists a $77 petition fee, and service fees are additional.

Serve the summons and notice of trial

Service days after starting

Serve the summons, petition, and answer form (Rule 4-905 NMRA) on the resident. Methods include personal delivery; substituted service on a person over fifteen years of age residing at the usual place of abode; or, if no one will accept service, posting in the most public part of the premises plus mailing to the last known address. The clerk sets trial 7 to 10 days after service under Section 47-8-43.

Appear at the restitution hearing

Hearing days after starting

Trial is set 7 to 10 days after the owner is expected to serve the petition, and the judge may continue it up to seven days on good cause. Either party may excuse one judge within three days after service of the petition. Bring the lease, the served notice with proof of service, a rent ledger if nonpayment is the ground, and documentation of the underlying noncompliance.

Obtain the writ of restitution after judgment

Post-judgment days after starting

If the court enters a Judgment for Restitution for the owner, the judge sets an eviction date no less than 3 and no more than 7 days from the trial date unless the parties agree otherwise. A writ of restitution (Rule 4-913 NMRA) may issue under Section 47-8-46 to restore possession; the writ is executed by the appropriate officer.

Task	Description	Document	Days after starting
Identify the cause and pick the matching statutory ground	Map the situation to the correct Uniform Owner-Resident Relations Act ground. Nonpayment of rent: Section 47-8-33(D), 3-day notice. Non-rent material noncompliance: Section 47-8-33(A)-(B), 7-day cure notice. Second like noncompliance within six months: 7-day no-cure notice. Substantial violation under Section 47-8-33(I): 3-day immediate-termination notice. No-cause termination of a periodic tenancy: Section 47-8-37, 30 days month-to-month or 7 days week-to-week.	-	Pre-notice
Draft the proper Supreme-Court-approved notice form	Use the matching NMRA form: Rule 4-901 for a 3-day nonpayment notice, Rule 4-901A for a 3-day substantial-violation notice, Rule 4-902 for a 7-day noncompliance notice, or Rule 4-903 for a 30-day periodic termination. A nonpayment notice must identify the premises and total rent due. A noncompliance notice must describe the acts or omissions specifically and in detail with dates. Include the owner or agent signature, the date, and a completed service-of-notice block.	notice-to-vacate	Pre-notice
Serve the notice under Section 47-8-13(D)	Serve by personal delivery to the resident; or by certified mail, return receipt requested; or by posting on the door plus mailing by certified mail. A posted notice must be affixed to a door by taping all sides or placed in a fixture or receptacle designed for notices. Record the method and date of delivery, because the notice period runs from the date of delivery.	-	Service
Wait the full notice period before filing	Do not file the Petition for Restitution before the notice period expires. The period runs from the date of delivery: 3 days for nonpayment or a substantial violation, 7 days for a noncompliance cure or a second-breach termination, and 30 days for a month-to-month termination (7 days week-to-week). Filing before the period runs can undermine the petition.	-	Notice period
File the Petition by Owner for Restitution in the proper court	File the Petition by Owner for Restitution (Rule 4-904 NMRA) under Sections 47-8-42 and 47-8-46 in the Magistrate Court, the Bernalillo County Metropolitan Court, or the District Court for the county where the property sits. Attach a copy of the served written notice as an exhibit. Confirm the current civil filing fee for the court of filing; the New Mexico Courts brochure lists a $77 petition fee, and service fees are additional.	-	Post-notice
Serve the summons and notice of trial	Serve the summons, petition, and answer form (Rule 4-905 NMRA) on the resident. Methods include personal delivery; substituted service on a person over fifteen years of age residing at the usual place of abode; or, if no one will accept service, posting in the most public part of the premises plus mailing to the last known address. The clerk sets trial 7 to 10 days after service under Section 47-8-43.	-	Service
Appear at the restitution hearing	Trial is set 7 to 10 days after the owner is expected to serve the petition, and the judge may continue it up to seven days on good cause. Either party may excuse one judge within three days after service of the petition. Bring the lease, the served notice with proof of service, a rent ledger if nonpayment is the ground, and documentation of the underlying noncompliance.	-	Hearing
Obtain the writ of restitution after judgment	If the court enters a Judgment for Restitution for the owner, the judge sets an eviction date no less than 3 and no more than 7 days from the trial date unless the parties agree otherwise. A writ of restitution (Rule 4-913 NMRA) may issue under Section 47-8-46 to restore possession; the writ is executed by the appropriate officer.	-	Post-judgment

Frequently Asked Questions

Can a New Mexico resident pay the overdue rent to stop the termination?

What is the difference between the 7-day cure notice and the 7-day second-breach notice?

When can a New Mexico owner use a 3-day substantial-violation notice?

What military protections apply to a New Mexico tenant?

What makes a termination notice legally invalid in New Mexico?

Can a New Mexico owner be accused of retaliation after a tenant complaint?

How long does it take to get a hearing after filing in New Mexico?

Do special rules apply to mobile home parks or foreclosed properties?

Other New Mexico guides

How to Break a Lease in New Mexico Legally (2026)

Tenant Rights in New Mexico: Renting a New Property (2026)

Landlord Rules in New Mexico: Renting Out Property (2026)

Selling a House with Renters in New Mexico (2026)

How to File a Small Claims Lawsuit in New Mexico (2026)

How to Dispute a Bill in New Mexico (2026)

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