New Mexico Eviction Laws
New Mexico rules on eviction for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: 3-day written notice of nonpayment and intent to terminate. Tender of the full amount due, in the manner stated in the notice, before the 3 days expire bars an action for nonpayment. NMSA 1978, § 47-8-33(D)
The rules in New Mexico
| Notice for unpaid rent | 3-day written notice of nonpayment and intent to terminate. Tender of the full amount due, in the manner stated in the notice, before the 3 days expire bars an action for nonpayment. If the last day to cure falls on a weekend or federal holiday, the period extends to the next business day (§ 47-8-33(H)). Source: NMSA 1978, § 47-8-33(D) |
|---|---|
| Notice for lease violations | First material noncompliance: 7-day written notice to cure (tenancy ends in not less than 7 days if not remedied). Second material noncompliance within 6 months: 7-day notice to terminate with no right to cure. Substantial violation (serious criminal-type conduct): 3-day notice to terminate with no cure. Notice must include dates and specific facts and be given within 30 days of the breach or knowledge of it. A frivolous or bad-faith substantial-violation case carries a civil penalty of 2x monthly rent (§ 47-8-33(M)). Source: NMSA 1978, § 47-8-33(A)-(C), (I) |
| Lockouts & utility shutoffs | Without a court order, an owner may not exclude or remove a resident by fraud, changing/plugging locks, blocking entrances, interfering with utilities or services, removing belongings, disabling appliances, or making the unit inaccessible/uninhabitable. Resident may abate 100% of rent for each affected day, recover a civil penalty of 2x monthly rent, recover possession or terminate, and get damages. The owner need not pay utility bills the resident failed to pay. No landlord's lien on tenant property (§ 47-8-36.1). |
How an eviction case works in New Mexico
Eviction cases are heard in: Magistrate court, Bernalillo County Metropolitan Court, or district court.
- Written notice: 3-day nonpayment notice, 7-day noncompliance notice, 3-day substantial-violation notice, or 30-day termination notice (§§ 47-8-33, 47-8-37)
- File petition for restitution with the magistrate or district court clerk, stating the facts and notice compliance (§ 47-8-42)
- Summons served; owner's possession trial set not less than 7 nor more than 10 days after service; court may continue up to 7 days for good cause (§ 47-8-43)
- Trial and judgment for restitution
- Writ of restitution directs the sheriff to restore possession on a date not less than 3 nor more than 7 days after judgment (§ 47-8-46)
- Removal by sheriff; a resident's appeal stays the writ only if the resident pays rent into escrow or to the owner within 5 days of filing the appeal (§ 47-8-47)
Landlords: how to evict a tenant in New Mexico — steps, costs, timeline and forms.
Eviction court and fees by county
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- Notice Deadline Calculator — Enter the date a notice was delivered and see the date it runs out under your state's law.
Templates
Related questions
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
New Mexico vs. neighboring states
| State | Notice for unpaid rent | Notice for lease violations | Lockouts & utility shutoffs |
|---|---|---|---|
| New Mexico | 3-day written notice of nonpayment and intent to terminate. Tender of the full amount due, in the manner stated in the notice, before the 3 days expire bars an action for nonpayment. NMSA 1978, § 47-8-33(D) | First material noncompliance: 7-day written notice to cure (tenancy ends in not less than 7 days if not remedied). Second material noncompliance within 6 months: 7-day notice to terminate with no right to cure. Substantial violation (serious criminal-type conduct): 3-day notice to terminate with no cure. NMSA 1978, § 47-8-33(A)-(C), (I) | Without a court order, an owner may not exclude or remove a resident by fraud, changing/plugging locks, blocking entrances, interfering with utilities or services, removing belongings, disabling appliances, or making the unit inaccessible/uninhabitable. Resident may abate 100% of rent for each affected day, recover a civil penalty of 2x monthly rent, recover possession or terminate, and get damages. NMSA 1978, §§ 47-8-36, 47-8-48(C) |
| Arizona | 5-day written notice of nonpayment stating that the landlord will terminate the rental agreement if rent is not paid within that time. Before an eviction is filed, paying all past-due rent plus a reasonable late fee set in a written lease reinstates the agreement. After filing, reinstatement also requires paying attorney fees and court costs. After judgment, reinstatement is at the landlord's discretion. A.R.S. § 33-1368(B) | 10-day notice to cure a material noncompliance with the rental agreement. 5-day notice to cure a noncompliance with § 33-1341 that materially affects health and safety. A repeat of the same or similar violation allows a special detainer action 10 days after written notice. A material and irreparable breach on the premises (for example, illegal weapon discharge, assault, threatening, drug dealing, or serious property damage) allows a notice of immediate termination. A.R.S. § 33-1368(A) | If the landlord unlawfully removes or excludes the tenant, or willfully interrupts electric, gas, water, or other essential service, the tenant may recover possession or terminate the lease. In either case the tenant recovers the greater of up to two months' periodic rent or twice actual damages. A.R.S. §§ 33-1367, 33-1364(C)-(D) |
| Colorado | 10-day written demand to pay rent or deliver possession. Exempt residential agreements get 5 days; employer-provided housing gets 3 days. The tenant may pay the full amount in the notice, plus any rent that has since come due, at any time until the judge enters a judgment for possession. Payment can go to the landlord or the court, and the case is then dismissed. For a "covered dwelling" under the federal CARES Act (for example, housing with a federal subsidy or a federally backed mortgage), the landlord must also follow the notice rule in 15 U.S.C. § 9058(c) as enacted on March 27, 2020 (a 30-day notice to vacate), even if federal law later changes (C.R.S. § 38-12-1502, since May 29, 2025). C.R.S. §§ 13-40-104(1)(d), 13-40-106, 13-40-115(4); 38-12-1502 (added by HB 25-1240) | 10-day written notice to comply with the violated condition or covenant, or deliver possession (5 days for exempt residential agreements, 3 days for employer-provided housing). A repeat violation of the same covenant after a prior notice allows termination 10 days after written notice, with no cure. Substantial violations, such as certain violent or drug-related criminal acts, are handled under § 13-40-107.5. C.R.S. §§ 13-40-104(1)(e), (1)(e.5), 13-40-107.5 | Unlawful for a landlord to remove or exclude a tenant without court process, including by willfully cutting utilities or removing doors, windows, or locks. Exceptions are abandonment, mutual consent, and meth-lab cleanup rules. The tenant is awarded statutory damages equal to actual damages plus the higher of three times monthly rent or $5,000, plus attorney fees and costs, and the court may restore possession. C.R.S. § 38-12-510 |
| Oklahoma | 5 days' written notice demanding payment. If rent is not paid within 5 days after the notice, the landlord may terminate the rental agreement. The demand counts as a demand for possession; no further notice to quit is required. 41 O.S. § 131 | Material noncompliance: written notice stating a termination date at least 15 days after receipt; tenant has 10 days to remedy, otherwise the lease ends on the stated date. A repeat breach allows immediate termination on written notice. Imminent, irremediable harm or criminal / drug-related activity allows immediate termination by filing forcible entry and detainer. 41 O.S. § 132(B)-(D) | Self-help eviction prohibited in effect: if a landlord wrongfully removes or excludes the tenant, the tenant may recover possession or terminate, and recover the greater of twice the average monthly rent or twice actual damages. If the landlord willfully or negligently cuts essential services, tenant may terminate, buy substitute services and deduct, recover diminished rental value damages, or obtain substitute housing excused from rent. 41 O.S. § 123; 41 O.S. § 121(C) |
| Texas | At least 3 days' written notice to vacate before filing, unless the written lease provides a shorter or longer period. For a tenant evicted solely for nonpayment who was not delinquent before the month of the notice, the notice must be a notice to pay rent or vacate. Tex. Prop. Code Sec. 24.005(a) | Same 3-day written notice to vacate as for other defaults, unless the lease provides otherwise. No statutory right to cure. Tex. Prop. Code Sec. 24.005(a) | Landlord may not intentionally exclude a tenant except by judicial process, with narrow exceptions including a lock change for rent delinquency if allowed by the lease and preceded by written notice (5 days if mailed, 3 days if hand-delivered/posted), and a new key must be available 24 hours a day regardless of payment. Remedy: possession or termination, plus one month's rent + $1,000, actual damages, costs and attorney's fees. Interrupting utilities (except for repairs, construction, emergency, or authorized submetered electric cutoffs) carries the same one month's rent + $1,000 remedy. Tex. Prop. Code Sec. 92.0081; Sec. 92.008 |
| Utah | 3 business days' written notice to pay rent and other amounts due or surrender the premises. Utah Code 78B-6-802(1)(c) | 3 calendar days' written notice to perform the lease condition or surrender (cure allowed). 3 calendar days' notice to quit (no cure) for unauthorized assignment/subletting, waste, unlawful business, nuisance, or a criminal act on the premises. Utah Code 78B-6-802(1)(d)-(h) | Unlawful for an owner to willfully exclude a tenant from the premises in any manner except by judicial process (abandoned premises excepted). Utah Courts guidance: without a court order a landlord cannot change the locks, turn off utilities, or take the tenant's belongings. Utah Code 78B-6-814 |
City rules that may add to state law
More New Mexico rental law
- New Mexico Security Deposit Law
- New Mexico Notice to Vacate Rules
- Landlord Entry Rules in New Mexico
- New Mexico Repairs & Tenant Remedies
- New Mexico Rent Increase & Late Fee Laws
- Breaking a Lease in New Mexico
- Squatters' Rights in New Mexico
- New Mexico Rental Fee Rules
- New Mexico Section 8, Records & Right to Counsel
- New Mexico Mold, Pests, Heat & AC Rules
- New Mexico Privacy, Guests & Animal Rules
- New Mexico Landlord Selling the House
- New Mexico Lockouts, Utility Shutoffs & Retaliation
- New Mexico Subletting, Lease Endings & Tenant Death
- All New Mexico landlord-tenant rules
- Free legal help in New Mexico
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New Mexico Eviction Laws FAQ
How much notice does a landlord have to give before evicting for unpaid rent in New Mexico?
3-day written notice of nonpayment and intent to terminate. Tender of the full amount due, in the manner stated in the notice, before the 3 days expire bars an action for nonpayment. (NMSA 1978, § 47-8-33(D))
How much notice is required to evict for a lease violation in New Mexico?
First material noncompliance: 7-day written notice to cure (tenancy ends in not less than 7 days if not remedied). Second material noncompliance within 6 months: 7-day notice to terminate with no right to cure. Substantial violation (serious criminal-type conduct): 3-day notice to terminate with no cure. (NMSA 1978, § 47-8-33(A)-(C), (I))
Can a landlord change the locks or shut off utilities in New Mexico?
Without a court order, an owner may not exclude or remove a resident by fraud, changing/plugging locks, blocking entrances, interfering with utilities or services, removing belongings, disabling appliances, or making the unit inaccessible/uninhabitable. Resident may abate 100% of rent for each affected day, recover a civil penalty of 2x monthly rent, recover possession or terminate, and get damages. (NMSA 1978, §§ 47-8-36, 47-8-48(C))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.