How to Evict a Tenant in New Mexico (2026)
The legal steps for landlords in New Mexico — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In New Mexico a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| 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. Source: NMSA 1978, § 47-8-33(D) |
|---|---|
| Lease violation | 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. Source: NMSA 1978, § 47-8-33(A)-(C), (I) |
| Ending a month-to-month tenancy (no fault) | Either party: written notice at least 30 days before the periodic rental date specified in the notice. Week-to-week: at least 7 days' written notice. Source: NMSA 1978, § 47-8-37(A)-(B) |
Local rent-control or just-cause rules can limit evictions: Statewide preemption: no political subdivision or home-rule municipality may enact rent control on privately owned real property.
Step 2: Write and deliver the notice correctly
| What the notice must say | The owner must give written notice of the nonpayment and of the owner's intention to terminate the rental agreement. If the resident does not pay within 3 days, the owner may terminate and the resident must give up possession. Paying the full amount due, in the manner stated in the notice, before the 3 days end bars a nonpayment case, so the notice should state the amount and how to pay. If the last day falls on a weekend or federal holiday, the cure period runs to the next business day. In court, relief is limited to the grounds stated in the written notice. The NM courts publish an official form (4-901, Three-day notice of nonpayment of rent). |
|---|---|
| How it must be delivered | A nonpayment-of-rent notice is effective only if hand-delivered, mailed, or posted on an exterior door of the unit. For all other required written notices, a posting must also be accompanied by first-class mailing or hand delivery. The posting date must appear on the notice and is the effective date. A posted notice must be taped on all sides to a door or placed in a mail or notice receptacle. If a mailed notice comes back undeliverable, or the last-known address is the vacated unit, the owner must send at least one more notice to any alternate address the resident gave. Source: NMSA 1978, § 47-8-13(C)-(F) |
Notice forms:
- New Mexico notice to pay rent or quit — requirements and free draft
- New Mexico notice to end a month-to-month tenancy — requirements and free draft
- Form 4-901 NMRA - Three-day notice of nonpayment of rent (listed in NM Supreme Court Law Library guide) (official)
- Form 4-903 NMRA - Thirty-day notice to terminate rental agreement (listed in same guide) (official)
Step 3: File the eviction case and go to the hearing
Eviction cases in New Mexico 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)
Court timing: Owner's action for possession: trial not less than 7 nor more than 10 days after service of the summons (§ 47-8-43(A)(1)).
Source: NMSA 1978, §§ 47-8-40 to 47-8-47
How long it takes to evict a tenant in New Mexico
For unpaid rent, the notice period is 3 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in New Mexico
Court filing and service fees are set locally. Verified fees in the largest New Mexico counties:
| County | Filing and service fees |
|---|---|
| Bernalillo County (Albuquerque) | $77 to file a Petition by Owner for Restitution; no court fee listed for issuing a writ of restitution (Sheriff charges its own service/enforcement fee, amount not verified) |
| Doña Ana County (Las Cruces) | $77 to file a Petition by Owner for Restitution; sheriff or process-server service fees are extra |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Either party: written notice at least 30 days before the periodic rental date specified in the notice. Week-to-week: at least 7 days' written notice. Source: NMSA 1978, § 47-8-37(A)-(B) |
|---|---|
| Someone who was never a tenant (squatter / unauthorized occupant) | New Mexico has no squatter-specific removal procedure or crime. Bills to create one failed: HB 332 and SB 359 (2025) and HB 144 (2026) all died. Removal is through existing law (court action and criminal trespass), which was not verified here. |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | 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. |
|---|---|
| Retaliation | An owner may not raise rent, reduce services, or bring/threaten an eviction because, within the previous 6 months, the compliant resident complained to a code-enforcement agency, joined/organized a residents' association, exercised UORRA rights (including written repair requests), made a fair housing complaint, won or has pending a lawsuit against the owner about the residency, testified for another resident, or lawfully abated rent. Retaliation is a defense to eviction; owner is liable for 2x monthly rent plus attorney's fees. |
| Accepting rent after the notice | No statute says that accepting rent waives a termination notice. For nonpayment, if the resident offers the full amount due, in the manner stated in the 3-day notice, before the notice expires, the owner cannot bring a nonpayment action. Without a written agreement, the owner may not apply a resident's rent payment to deposits or damages. |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
New Mexico eviction FAQ for landlords
How much notice does a landlord have to give to evict 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.
How much does it cost to evict a tenant in New Mexico?
Court fees are set locally — for example, Bernalillo County (Albuquerque): $77 to file a Petition by Owner for Restitution; no court fee listed for issuing a writ of restitution (Sheriff charges its own service/enforcement fee, amount not verified)
Can a landlord change the locks to evict a tenant 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.
How do you evict a tenant without a lease in New Mexico?
Either party: written notice at least 30 days before the periodic rental date specified in the notice. Week-to-week: at least 7 days' written notice.
← All New Mexico landlord-tenant rules · Notice deadline calculator
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.