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New Mexico landlord tenant forms, including residential and commercial lease agreements, rental applications, eviction notices and more.

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NEW MEXICO EVICTION LAW AND PROCEDURE: FAQ


How Does a Landlord End a Month-to-Month Tenancy in New Mexico?
What Should A Landlord Do When a Tenant Fails to Pay Rent?
What Should a Landlord Do When a Tenant Breaches a Non-Monetary Lease Provision?
What if the Tenant Fails to Comply with a Notice to Vacate?
New Mexico's Eviction Statute (N. M. S. A. 1978, § 35-10-1) - full text

How Does a Landlord End a Month-to-Month Tenancy in New Mexico?

To end a month-to-month tenancy, either the landlord or the tenant must give 30-days advance notice at the beginning of the next rental period. A sample 30-Day Notice is available for download on our New Mexico Eviction Forms page.

What Should A Landlord Do When a Tenant Fails to Pay Rent?

When the rent payable to the Landlord under the rental agreement is past-due, the Landlord may give a 3-day notice to the tenant. The notice must clearly state that the Tenant has three days to pay the past due rent or must vacate the rented premises.

What Should a Landlord Do When a Tenant Breaches a Non-Monetary Lease Provision?

When a tenant breaches his or her obligations under the lease (other than the obligation to pay rent), the landlord may serve a 7-day notice, providing that the tenant has seven days to correct the violation or must vacate the premises.

What if the Tenant Fails to Comply with a Notice to Vacate?

The landlord must seek a court order, known as "writ of execution," for a legally authorized eviction. A landlord may not lock a tenant out of the premises without first obtaining a court order. The landlord obtains an order lawfully evicting the tenant by making an application with the Court, pursuant to Section 35-10-1 of the New Mexico Statutes.

The full text of Section 35-10-1 (New Mexico's "eviction" statute) is set forth below:

N. M. S. A. 1978, § 35-10-1
§ 35-10-1. Forcible entry or detainer; grounds
  1. A civil action for forcible entry or unlawful detainer of real property is commenced by the filing of a civil complaint alleging that one or more of the following facts exists:
    1. the defendant entered and occupied the lands and tenements of another against the will or consent of the owner and refused to vacate the premises after notice by the owner or his agent or attorney;
    2. the defendant holds over after the termination, or contrary to the terms of, his lease or tenancy;
    3. the defendant fails to pay rent at the time stipulated for payment;
    4. the defendant continues in possession after a sale by foreclosure of mortgage or on execution unless the defendant claims by a title paramount to the mortgage under which the sale was made or by title derived from the purchaser at the sale; or
    5. the defendant is a tenant from month to month or a tenant at will and continues in possession of the premises after thirty days' written notice by the owner or his agent or attorney to vacate.
  2. The district court of the county in which the real property is located has concurrent original jurisdiction in civil actions for forcible entry or unlawful detainer when the rent contracted for amounts to fifty dollars ($50.00) or more a month or when the reasonable rental value of the premises is fifty dollars ($50.00) or more a month.
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EMPIRE STATE LEGAL FORMS DISCLAIMER
The information provided in this is not legal advice, but general information on legal issues commonly encountered.
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