New Mexico eviction laws require a landlord to follow a strict sequence before regaining a rental: a written notice matched to the reason for eviction, a petition filed in magistrate or district court, a hearing, a judgment, and finally a writ of restitution executed by the sheriff. Skipping any step, or trying to remove a tenant without a court order, exposes the landlord to steep statutory penalties. Tenants, in turn, have defenses built into the same statute, the Uniform Owner-Resident Relations Act, that can defeat an eviction or reduce what they owe.1Justia. New Mexico Code 47-8-8 – Rights, Obligations and Remedies
Grounds for Eviction and the Notice Each One Requires
The reason for the eviction sets the clock. Get the notice type wrong and the case can be dismissed.
Nonpayment of Rent: 3 Days
Once rent is past due, the landlord can serve a three-day written notice demanding payment. If the tenant pays the full amount owed before those three days end, the eviction cannot go forward.2Justia. New Mexico Code 47-8-33 – Breach of Agreement by Resident and Relief by Owner
Curable Lease Violation: 7 Days
For material breaches other than rent, such as unauthorized pets or moderate property damage, the landlord must serve a seven-day notice that describes the specific breach with dates and facts. If the tenant fixes the problem within seven days, the eviction stops.2Justia. New Mexico Code 47-8-33 – Breach of Agreement by Resident and Relief by Owner
Substantial Violation: 3 Days, No Cure
Certain serious conduct allows a three-day notice with no chance to cure. The statute limits “substantial violation” to specific acts occurring in the unit, on the premises, or within 300 feet: drug possession, sale, or manufacturing (excluding misdemeanor-level possession and use); unlawful use of a deadly weapon; causing serious physical harm, sexual assault, or sexual molestation; burglary or robbery; and intentional or reckless property damage over $1,000.3Justia. New Mexico Code 47-8-3 – Definitions Ordinary lease breaches do not become substantial violations because a landlord labels them that way.
Holdover or Month-to-Month Termination: 30 Days
A tenant who stays past the lease end date without consent is a holdover, and the landlord can file for possession immediately. Willful holdovers can be liable for damages and attorney fees. For a month-to-month tenancy without any violation, either side can end the arrangement with at least 30 days’ written notice before the next rent due date.4Justia. New Mexico Code 47-8-37 – Notice of Termination and Damages
If the last day of a notice period falls on a weekend or federal holiday, the deadline moves to the next business day.2Justia. New Mexico Code 47-8-33 – Breach of Agreement by Resident and Relief by Owner The New Mexico Courts website publishes approved notice forms for each type.5New Mexico Courts. Landlord/Tenant Forms and Files
Filing the Petition
If the tenant does not cure or leave within the notice period, the landlord files a Petition by Owner for Restitution (Form 4-904) in magistrate or district court.6New Mexico Courts. New Mexico Form 4-904 – Petition by Owner for Restitution The petition needs the tenant’s full name, the property address, a description of the breach, relevant dates, and the total unpaid rent and allowable fees. Details on the petition should match the lease and the notice already served, because inconsistencies invite dismissal. Filing fees are $77 in magistrate court and $132 in district court.7Sixth Judicial District. Fees, Costs and Filing
Late fees claimed in the petition are capped at 10 percent of the periodic rent, and the landlord must have notified the tenant of the late charge by the last day of the next rental period after the default.8FindLaw. New Mexico Statutes Chapter 47 Property Law 47-8-15 Inflated late-fee claims get rejected.
Serving the Tenant
Once the petition is filed, the clerk issues a summons. The summons and petition must be delivered under Rule 1-004 of the New Mexico Rules of Civil Procedure. A sheriff or professional process server is not required. Any person at least 18 years old who is not a party to the case can serve the papers.9New Mexico Supreme Court. Rule 1-004 NMRA
If direct service fails, the server can leave copies with someone at least 15 years old who lives at the same address and mail a copy to the tenant’s last known address. Failing that, delivery at the tenant’s workplace to the person apparently in charge, with a mailed copy, also works. Using the sheriff’s office is optional, and the statutory cap on the sheriff’s fee for serving a summons is $40, with some counties adding mileage.10Justia. New Mexico Code 4-41-16 – Fees, Attendance on Courts, Sessions of County Commissioners, Hearing Before Judges Whoever serves the papers must file proof of service before the case moves forward.
The Hearing and Judgment
Courts generally schedule the hearing within seven to ten days after filing. The judge checks whether the landlord used the right notice, delivered it properly, filed an accurate petition, and has valid legal grounds. The tenant can appear and raise defenses.
A ruling for the landlord produces a judgment for restitution of the premises. The judgment may also include unpaid rent, damages, late fees within the statutory cap, and sometimes attorney fees. Procedural errors or a successful tenant defense mean dismissal, and the landlord starts the process over.
Getting Possession: The Writ of Restitution
A judgment alone does not put the landlord back in possession. The landlord has to file Form 4-904A, the Post-Judgment Application for Writ of Restitution, which authorizes physical removal.11New Mexico Supreme Court. Form 4-904A NMRA – Post-Judgment Application for Writ of Restitution and Request for Hearing Only the sheriff can carry out the removal. The landlord cannot change locks, force the tenant out, or take belongings before the sheriff executes the writ.
Tenant Defenses
A tenant facing eviction for nonpayment has a real defense when the landlord has failed to maintain the property. New Mexico law requires landlords to comply with housing codes and to keep plumbing, heating, electrical systems, and appliances in working order, along with supplying running water, hot water, and reasonable heat.12FindLaw. New Mexico Statutes Chapter 47 Property Law 47-8-20
When the landlord falls short, the tenant can give written notice of the needed repairs. If nothing is fixed within seven days, the tenant may reduce rent by one-third of the daily rate for each day the condition persists. If the unit becomes genuinely uninhabitable, the abatement rises to 100 percent of the daily rent.13FindLaw. New Mexico Statutes Chapter 47 Property Law 47-8-27.2 A tenant who follows this abatement process is paying what the law actually requires, which defeats a nonpayment claim built on the difference.
Retaliation is another defense. If the landlord files shortly after the tenant reported code violations, complained to a government agency, or exercised a legal right under the lease, a judge may find the eviction was retaliatory rather than legitimate.
Self-Help Evictions Are Illegal
New Mexico prohibits a landlord from removing a tenant without a court order. The statute names the tactics that are off-limits:14Justia. New Mexico Code 47-8-36 – Unlawful Removal and Diminution of Services Prohibited
- Changing, adding, or removing locks
- Blocking any entrance to the unit
- Shutting off electricity, gas, water, or heat
- Removing the tenant’s belongings
- Removing or disabling appliances or fixtures
- Any deliberate act that makes the unit inaccessible or unlivable
A tenant on the receiving end of any of this can abate 100 percent of the rent for every day they are denied possession, recover civil penalties equal to twice the monthly rent, collect additional damages, and get a court order restoring them to the property.15Justia. New Mexico Code 47-8-48 – Prevailing Party Rights Skipping court to save time reliably costs more than doing it right.
Security Deposit After the Tenancy Ends
An eviction does not cancel the landlord’s deposit obligations. Within 30 days after the tenancy ends or the tenant leaves, whichever is later, the landlord must return the full deposit or provide an itemized written list of deductions with any remaining balance. Deductions can cover unpaid rent, utility charges, and damage beyond normal wear and tear, but not routine upkeep.16Justia. New Mexico Code 47-8-18 – Deposits
Missing the 30-day deadline is costly. The landlord forfeits any right to withhold the deposit, loses the ability to file a counterclaim or separate suit for property damage, and becomes liable for the tenant’s court costs and attorney fees. Retaining the deposit in bad faith adds a $250 civil penalty payable to the tenant.16Justia. New Mexico Code 47-8-18 – Deposits
Property Left Behind
What the landlord must do with a tenant’s belongings depends on how the tenancy ended. After a sheriff executes a writ of restitution, the landlord only has to store the property for three days before it can be disposed of.17Justia. New Mexico Code 47-8-34.1 – Disposition of Property Left on the Premises When a tenant abandons the unit, storage is at least 30 days and written notice of intent to dispose is required. When a tenant surrenders voluntarily, the minimum is 14 days with reasonable access to retrieve belongings.
Items worth less than $100 can be disposed of in any manner. Property worth more than $100 must be sold or retained with fair market value credited to the tenant’s account. Proceeds beyond what the tenant owes have to be mailed to the last known address, with an itemized statement, within 15 days. Reasonable storage and moving fees are allowed, but property cannot be held to collect debts other than those specifically claimed. Residential landlords have no lien on tenant property; the landlord’s lien statute excludes dwelling units, so belongings cannot be held for unpaid rent even under a written lease.17Justia. New Mexico Code 47-8-34.1 – Disposition of Property Left on the Premises
Appealing an Eviction
A tenant who loses in magistrate court can appeal to district court by filing a Notice of Appeal. In eviction cases the notice has to be filed on or before the effective date of the Writ of Restitution stated in the judgment. The tenant files with the district court, gives the magistrate clerk an endorsed copy, and mails a copy to the landlord with a certificate of service.18New Mexico Courts. Appeal – Supreme Court
Filing the appeal does not stop the eviction on its own. To pause enforcement, the tenant must post an appeal bond. Once the bond is up, the stay generally lasts until the district court rules. The judge will typically enter an order specifying who has possession during the appeal and requiring the tenant to keep paying rent, into escrow or directly to the landlord.18New Mexico Courts. Appeal – Supreme Court
Mobile Home Park Lots Follow Different Rules
If the rental is a lot in a mobile home park, the Mobile Home Park Act governs instead of the standard residential rules. The nonpayment notice is still three days, but notice-to-quit periods for other terminations run 30 or 60 days depending on the circumstance, and the required forms are separate from the ordinary residential eviction forms.19New Mexico Courts. The Eviction Process for Mobile Homes