New Mexico Eviction Notice Requirements

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.

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.