New Mexico Eviction Notice
A New Mexico eviction notice gives the tenant 3 days to pay rent after written notice of nonpayment and of the owner's intention to terminate (NMSA 1978, § 47-8-33(D)), 7 days to remedy a material noncompliance before the agreement terminates (§ 47-8-33(A)), and 30 days' written notice to end a month-to-month residency before the periodic rental date specified (§ 47-8-37(B)).
A New Mexico eviction notice for landlords: the 3-day written notice of nonpayment and intention to terminate, the 7-day notice to remedy or terminate for a material noncompliance with the rental agreement, and the 30-day written notice to end a month-to-month residency — each with the exact statutory deadline calculated from your service date.
Deadlines verified October 4, 2026 against nmonesource.com (New Mexico Compilation Commission — NMSA 1978, Chapter 47, Article 8). New York is also covered from the home page.
1Build your New Mexico notice
2The New Mexico deadlines, notice by notice
Every deadline below was read in the New Mexico Statutes Annotated 1978 on October 4, 2026, on nmonesource.com, the official compilation of the New Mexico Compilation Commission. The notice type available in the tool depends on the reason:
- 3-Day Notice to Pay Rent or Terminate (nonpayment) — NMSA 1978, § 47-8-33(D).
- 7-Day Notice to Remedy or Terminate (material noncompliance) — NMSA 1978, § 47-8-33(A).
- 30-Day Notice of Termination (month-to-month residency) — NMSA 1978, § 47-8-37.
3How the New Mexico notice period is counted
- The three and seven-day periods run from the resident's receipt of the written notice (§ 47-8-33(A), (D)) — the statute counts from receipt, not from the date written on the notice. Keep dated proof of delivery.
- A nonpayment notice is valid only if delivered in hand, mailed, or posted on an exterior door of the dwelling unit; the posted date is the effective date of the notice. For other notices, posting must be combined with first-class mailing or hand delivery (§ 47-8-13(D)).
- If the last day to remedy a breach falls on a weekend or federal holiday, the remedy period extends to the next day that is not a weekend or federal holiday (§ 47-8-33(H)).
- Payment counts: tender of the full amount due, in the manner stated in the notice, before the three-day nonpayment notice expires bars any action for nonpayment of rent (§ 47-8-33(D)).
4Mistakes that get a New Mexico eviction notice thrown out
- Posting the nonpayment notice incorrectly. A nonpayment notice is valid only if delivered in hand, mailed, or posted on an exterior door — with the posting date stated and treated as the effective date (§ 47-8-13(D)).
- Omitting the facts. The seven-day notice must specify the acts and omissions constituting the breach, including dates and specific facts describing the nature of the alleged breach (§ 47-8-33(A)).
- Trying to cure a second breach. After a second material noncompliance within six months of the initial breach, the agreement terminates on a date not less than seven days after receipt — there is no right to remedy (§ 47-8-33(B)).
- Demanding more rent than is due. Tender of the full amount due before the three-day notice expires bars any action for nonpayment; overstating the amount due risks losing the case (§ 47-8-33(D)).
- Suing on grounds not in the notice. In a judicial action where prior written notice is required, relief may be granted only on the grounds set forth in the written notice served (§ 47-8-33(G)).
Questions landlords ask about New Mexico
How many days does a New Mexico eviction notice give for unpaid rent?
Three days after written notice from the owner of nonpayment and of the intention to terminate the rental agreement (NMSA 1978, § 47-8-33(D)). If the resident fails to pay within that period, the owner may terminate and the resident must immediately deliver possession. Tender of the full amount due, in the manner stated in the notice, before the notice expires bars any action for nonpayment.
What eviction notice is used for a lease violation in New Mexico?
A written seven-day notice to remedy or terminate: it must specify the acts and omissions constituting the breach, with dates and specific facts, and state that the agreement terminates on a date not less than seven days after receipt if the breach is not remedied in seven days (§ 47-8-33(A)). A second material noncompliance within six months means seven days with no right to remedy (§ 47-8-33(B)); a knowing substantial violation gets three days (§ 47-8-33(I)).
How much notice ends a month-to-month residency in New Mexico?
Thirty days' written notice given at least thirty days prior to the periodic rental date specified in the notice (§ 47-8-37(B)). A week-to-week residency takes seven days' written notice prior to the termination date specified (§ 47-8-37(A)). Either the owner or the resident may give the notice.
How must a New Mexico eviction notice be served?
A nonpayment notice is valid only if it is delivered in hand, mailed, or posted on an exterior door of the dwelling unit — and the posted date is the effective date (§ 47-8-13(D)). For notices other than nonpayment, posting must be combined with first-class mailing or hand delivery. Keep dated proof of the method used.
Can a New Mexico resident stay after the eviction notice expires?
No automatic right: if the resident does not pay, remedy or leave, the owner brings a court action for possession. A willful holdover not in good faith also exposes the resident to damages and the owner's reasonable attorney's fees (§ 47-8-37(C)). The notice is the first step, not the eviction.
What happens if the last day to remedy falls on a weekend or holiday?
The remedy period is extended until the next day that is not a weekend or federal holiday (§ 47-8-33(H)). The same extension logic applies to any breach remedied pursuant to a written notice under the Uniform Owner-Resident Relations Act.
Is this New Mexico eviction notice template really free?
Yes — no account, no credit card, no trial. The document is built in your browser and nothing you type is stored or sent. The optional email field only notifies you when another state is verified; it never receives the contents of your notice.
Neighboring states
This tool is not a law firm and does not provide legal advice. New Mexico deadlines verified October 4, 2026 against nmonesource.com (New Mexico Compilation Commission — NMSA 1978, Chapter 47, Article 8). Not a substitute for a licensed New Mexico attorney.