To evict a family member in New Mexico, you have to give them written notice, file an eviction petition in court if they don’t leave, win a hearing, and have the county sheriff carry out the removal under a writ of restitution. No shortcut around that exists, even when the person never signed a lease and never paid you a dollar. How long it takes depends on their legal status in your home and whether they fight the case.
You Cannot Lock Them Out Yourself
Start here, because this is where family evictions most often go wrong. New Mexico law prohibits removing an occupant without a court order. You cannot change the locks, block the entrance, shut off electricity, gas, or water, carry their belongings to the curb, or disable appliances to pressure them into leaving.1Justia. New Mexico Code 47-8-36 – Unlawful Removal or Exclusion Anything that makes the home inaccessible or uninhabitable in order to force a departure violates the statute.
If you try it, the family member can recover 100% of the daily rent back for every day they were denied access, seek civil penalties and damages, and get a court order putting them back in the home.1Justia. New Mexico Code 47-8-36 – Unlawful Removal or Exclusion Even when you feel completely justified, the only legal path runs through the court.
Figure Out What They Are Legally
The notice you have to send and the court procedure you have to use both depend on your family member’s legal status. Three categories cover almost every situation.
Most landlord-tenant relationships in the state fall under New Mexico’s Uniform Owner-Resident Relations Act.2Justia. New Mexico Code 47-8-1 – Short Title A “resident” under the Act is someone entitled under a rental agreement to occupy the dwelling, and a rental agreement includes any agreement between owner and occupant about the terms of occupancy, written or verbal.3Justia. New Mexico Code 47-8-3 – Definitions If your family member pays you anything toward rent, or if the two of you had an informal understanding that they could stay in exchange for some contribution, a court will likely treat them as a tenant.
A family member who stays temporarily without paying rent and without any agreement about exclusive use of the space is generally a guest. You can revoke that permission, but a refusal to leave still sends you to court. For someone who entered without your permission, or who stays after permission has been clearly revoked, a forcible entry and detainer action is the right route.4Justia. New Mexico Code 35-10-1 – Forcible Entry or Detainer Grounds
Serve the Right Written Notice
Every eviction in New Mexico starts with written notice. The right type, and the number of days it gives, depends on why you want them out.
When They Owe Rent
If your family member agreed to pay rent and has stopped, give a three-day notice demanding payment. It must state the amount owed and your intent to terminate the agreement if the money isn’t paid within three days. If they pay everything owed in that window, you cannot proceed with the eviction.5Justia. New Mexico Code 47-8-33 – Breach of Agreement by Resident and Relief by Owner
When They Violate the Agreement
For a first violation that materially affects health and safety or materially breaches the rental agreement, deliver a seven-day notice describing the specific problem with dates and facts. The family member has seven days to fix it. If they do, the eviction stops.5Justia. New Mexico Code 47-8-33 – Breach of Agreement by Resident and Relief by Owner
On a second material breach within six months, the seven-day notice still has to describe the problem in detail, but you are no longer required to offer a chance to cure. The agreement terminates on the date stated in the notice.5Justia. New Mexico Code 47-8-33 – Breach of Agreement by Resident and Relief by Owner
When You Just Want Them Out
If there is no specific violation and you simply want the family member to leave, the notice period follows how often rent is paid. Month-to-month requires at least 30 days’ written notice before the next periodic rental date. Week-to-week requires at least seven days before the termination date.6Justia. New Mexico Code 47-8-37 – Notice of Termination and Damages
When They’re a Guest, Not a Tenant
For someone who is not a tenant under the Act, a written demand to leave is still the required first step. If they entered or remain without your consent, three days’ written notice to quit comes before you can file a forcible entry and detainer action.7Justia. New Mexico Code 35-10-3 – Forcible Entry or Detainer Special Provisions
What the Notice Has to Say
Whatever the type, the notice should identify the property address, name all parties, state the reason for the eviction, specify the date by which the family member must leave, and warn that you will file a lawsuit if they don’t comply. Deliver it in person or send it by certified mail with return receipt requested, so you can prove in court that it reached them. Defective notices are the single most common reason evictions get dismissed, and a dismissal restarts the clock.
File the Petition
If the notice period expires and your family member is still in the home, you file in court. For tenants covered by the Uniform Owner-Resident Relations Act, that is a Petition for Restitution in magistrate or district court.8Justia. New Mexico Code 47-8-42 – Petition for Restitution The petition has to describe the property, lay out the facts supporting your claim, and show you complied with the notice requirements. For occupants who are not tenants, you file a forcible entry and detainer complaint under a separate statute.4Justia. New Mexico Code 35-10-1 – Forcible Entry or Detainer Grounds
You pay a filing fee that varies by court. The clerk issues a summons, and you are responsible for having the petition and summons served on your family member at least seven days before the trial date. Service can be done by the county sheriff, a private process server, or any person over 18 who is not a party to the case. Acceptable methods include handing the documents directly to the family member, leaving them with someone at least 15 years old who lives at the property, or posting them on the front door and mailing a copy.
The Hearing
Courts typically set the hearing seven to ten days after service. Bring everything you have: the original notice, your proof of service or certified mail receipt, any written or text-message agreements about rent or living arrangements, and records showing the family member knew what was going on. If the case is for nonpayment, bring a ledger or bank records showing the missed payments.
You present first and the family member responds. What moves a judge is documentation, not family history. The family member may argue the notice was defective, that they were never properly served, or that you failed to maintain the property. If the judge rules for you, the court enters a judgment for restitution ordering them to vacate.
Both sides may agree at the first hearing to participate in New Mexico’s Eviction Prevention and Diversion Program, which pauses the case for up to 30 days while a facilitator tries to help negotiate a resolution. It’s voluntary on both sides.
Writ of Restitution and the Sheriff
A judgment by itself doesn’t let you physically remove anyone. If the family member doesn’t leave voluntarily, you request a writ of restitution from the court. The writ directs the sheriff to restore possession to you on a date no less than three and no more than seven days after the judgment is entered.9Justia. New Mexico Code 47-8-46 – Writ of Restitution
You take the writ to the county sheriff’s office, and the sheriff handles the removal. Even at this stage, you cannot do it yourself. Only the sheriff, acting under the court’s authority, can carry out the eviction.
Belongings Left Behind
Your storage duties after a sheriff-enforced eviction are short. When a rental agreement ends through a writ of restitution, you have no obligation to store anything left on the premises after three days following execution of the writ, unless you and the former occupant agree otherwise. After those three days, you can dispose of the property without further notice or liability.10Justia. New Mexico Code 47-8-34.1 – Disposition of Property Left on the Premises
The rules change if the family member leaves on their own before the writ issues. For abandonment, you must store their property at least 30 days and send written notice of your intent to dispose of it, including a phone number and address where they can reach you. For a voluntary surrender, you must store property at least 14 days and provide reasonable access for retrieval.10Justia. New Mexico Code 47-8-34.1 – Disposition of Property Left on the Premises
Items worth less than $100 can be disposed of however you want regardless of the circumstances. Items worth more than $100 can be sold with the proceeds applied against what the family member owes you, but you have to mail an itemized statement and any excess proceeds to their last known address within 15 days.10Justia. New Mexico Code 47-8-34.1 – Disposition of Property Left on the Premises
If They Appeal
A family member who loses can appeal, but the window is tight: the appeal must be filed on or before the effective date of the writ of restitution set in the judgment. Filing alone doesn’t stop the eviction. To pause enforcement, the family member must post an appeal bond with the magistrate court clerk. If they do, the eviction is stayed until the district court decides the appeal, and the judge typically orders continued rent payments during that period, either into escrow or directly to you.
Watch Out for the Retaliation Defense
New Mexico prohibits evicting a tenant in retaliation for exercising their legal rights. If within the previous six months your family member complained to a government agency about housing code violations, filed a fair housing complaint, joined a tenants’ organization, or otherwise acted in good faith to exercise rights under the Act, an eviction filed in that window is presumed retaliatory.11Justia. New Mexico Code 47-8-39 – Owner Retaliation Prohibited It is a defense in court and can expose you to civil penalties. The protection applies only when the tenant is complying with the rental agreement. If your family member genuinely is not paying rent or is violating the agreement, retaliation won’t shield them.
How Long the Whole Thing Takes
In an uncontested case on a cooperative court calendar, expect roughly this:
- Notice period: 3 to 30 days, depending on the type of notice.
- Filing and service: a few days to file, plus at least 7 days between service and the hearing.
- Hearing: typically 7 to 10 days after service.
- Writ of restitution: if you win, the sheriff removes the family member 3 to 7 days after judgment.9Justia. New Mexico Code 47-8-46 – Writ of Restitution
A straightforward nonpayment case can wrap in three to four weeks. A contested case, especially one that pauses for the 30-day diversion program or goes up on appeal, can stretch to several months. Getting the notice right the first time saves more time than anything else you do.