New Mexico Statewide Rule
New Mexico Eviction Notice Requirements
Key Facts
- Nonpayment notice
- 3 days to pay or quit (NMSA 47-8-33(D))
- Material breach cure
- 7 days to remedy (NMSA 47-8-33(A))
- Substantial violation
- Not less than 3 days (NMSA 47-8-33(I))
- Court process
- Petition for restitution; no self-help
Summary
For nonpayment of rent, NMSA 47-8-33(D) requires a 3-day written notice to pay or quit before the owner may terminate. A material lease breach affecting health or safety gets a 7-day cure period (NMSA 47-8-33(A)), and a substantial violation allows termination on not less than 3 days' notice (NMSA 47-8-33(I)).
If rent is unpaid when due and the resident fails to pay rent within three days after written notice from the owner of nonpayment and his intention to terminate the rental agreement, the owner may terminate the rental agreement and the resident shall immediately deliver possession of the dwelling unit; provided that tender of the full amount due, in the manner stated in the notice, prior to the expiration of the three-day notice shall bar any action for nonpayment of rent.
Full Breakdown
NMSA 47-8-33 sets the notice rules for an owner's termination for cause. For nonpayment: 'if rent is unpaid when due and the resident fails to pay rent within three days after written notice from the owner of nonpayment and his intention to terminate the rental agreement, the owner may terminate' (subsection D). For a material breach materially affecting health and safety, subsection A requires written notice 'stating that the rental agreement will terminate upon a date not less than seven days after receipt of the notice if the breach is not remedied in seven days.' For a substantial violation, subsection I requires notice that 'the rental agreement will terminate upon a date not less than three days after receipt of the notice.' If the resident does not pay or cure within the stated period, the owner may file a petition for restitution under NMSA 47-8-40.
Violations & Penalties
No specific statutory penalty. A defective or premature notice can cause dismissal of the owner's petition for restitution; an owner may not use self-help and must proceed through the court under NMSA 47-8-36.
Frequently Asked Questions
How many days' notice is required to evict for nonpayment in New Mexico?
How long does a New Mexico tenant have to fix a lease violation?
Sources
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