New Mexico Law: Plain-English Guides

Key New Mexico facts

Security deposit deadline

Within 30 days of the end of the rental agreement or the resident's departure, whichever is later NMSA 1978, § 47-8-18(C)

Eviction 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. NMSA 1978, § 47-8-33(D)

Small claims limit

$10,000 in magistrate courts and the Bernalillo County Metropolitan Court, for tort, contract and landlord-tenant cases. NMSA 1978, § 35-3-3(A); Metropolitan Court pamphlet SH-101 (rev. 9/1/24)

Small estate affidavit

Thirty days after death, if no personal representative has been appointed or applied for, a successor may collect personal property with a notarized affidavit (Affidavit of Successor in Interest) if the whole estate… NMSA 1978, § 45-3-1201

Cost of a protective order

Free. There are no costs or fees to file, and the local sheriff's office serves the other party for free. NMSA 1978, §40-13-3.1; NM Courts FAQ

Minimum wage

$12.00 per hour (since January 1, 2023). Secondary-school students working outside school hours may be paid a lower student rate. NMSA 1978, §50-4-22, as amended by Laws 2019, ch. 31 (S.B. 437)

Final paycheck if fired

Within five days of discharge for wages of a fixed and definite amount, such as hourly wages, salary, day rates, and accrued, unused vacation pay. NMDWS Labor Relations Division, Frequently Asked Questions about Wage and Hour Rights (rev. 06/2023)

Time limit to sue on a debt

6 years for an action on a promissory note or other contract in writing. NMSA 1978, § 37-1-3(A)