Landlord guide, New Mexico (NM)
New Mexico eviction process: the landlord’s steps from notice to removal
The eviction process in New Mexico starts with the 3-day notice of nonpayment of rent: 3 calendar days for unpaid rent (N.M. Stat. Ann. § 47-8-33(D), (H)). Then the landlord files in the magistrate court (metropolitan court in Bernalillo County) or district court, where the case is called petition for restitution; the court hears it, and after judgment a court officer carries out the removal.
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- Notice for unpaid rent
- 3 calendar days
- N.M. Stat. Ann. § 47-8-33(D), (H)
- Court
- magistrate court (metropolitan court in Bernalillo County) or district court
- N.M. Stat. Ann. §§ 47-8-42, 47-8-43, 47-8-45, 47-8-46(A), 47-8-47
- Time to appeal
- Not confirmed
- Checked against the statutes
- 1 November 2026
Step by step
The eviction process New Mexico landlords follow, step by step
Notice and court names are given as they read on New Mexico’s own forms, and timing details are quoted from the statute.
- 1
Step 1
Serve the notice
Unpaid rent: the 3-day notice of nonpayment of rent, 3 calendar days (N.M. Stat. Ann. § 47-8-33(D), (H)).
Paying everything owed inside the period ends the case, by statute.
Another breach of the lease: the 7-day notice of noncompliance with rental agreement, 7 calendar days (N.M. Stat. Ann. § 47-8-33(A)-(C), (I)).
No reason, month to month: 30 days’ notice (NMSA 1978, § 47-8-37).
What the statute adds, in English
Tender of the full amount due, in the manner stated in the notice, before the 3 days run out bars any action for nonpayment. If the last day to cure falls on a weekend or federal holiday it moves to the next working day.
- 2
Step 2
File the eviction in court
File in the magistrate court (metropolitan court in Bernalillo County) or district court, where the case is called petition for restitution (N.M. Stat. Ann. §§ 47-8-42, 47-8-43, 47-8-45, 47-8-46(A), 47-8-47).
- 3
Step 3
Go to the hearing
In the statute, in English
trial 7 to 10 days after service of the summons, continuable once by up to 7 days for good cause
- 4
Step 4
Judgment and appeal
No appeal deadline could be confirmed from the statute, so ask the clerk which one applies.
- 5
Step 5
Removal by a court officer
An officer of the court carries out the removal, on the court’s order.
In the statute, in English
writ of restitution directs the sheriff to restore possession on a date 3 to 7 days after judgment
New Mexico eviction process timeline
- Notice before filing
- 3 calendar days
- Time to answer
- Not confirmed
- Hearing
- Quoted in step 3
- Time to appeal
- Not confirmed
- Removal
- Quoted in step 5
Only some steps have a number in the statute, so no honest total exists: after filing, the court sets the pace.
Can you change the locks yourself?
No. New Mexico bans self-help eviction (N.M. Stat. Ann. § 47-8-36), so only the court process can remove a tenant.
Without a court order an owner may not change locks, block entry, interfere with utilities, remove the resident's property or make the unit uninhabitable to force the resident out.
The court process is the safe course in every state.
Write the New Mexico eviction notice
Fill in the notice for New Mexico in the generator, then read the rest of the state’s landlord law before you serve it.
Where Dardaris comes in
Most evictions start as one late payment. Dardaris sees it on day one.
It notices the missed rent the day it is due, sends the tenant a reminder, and if nothing comes, drafts the New Mexico notice with its 3 calendar days. You read it and sign; nothing goes out without you.
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Dardaris
The statutes
New Mexico eviction laws, with the statute behind each step
| Step | What the law says | Statute |
|---|---|---|
| Notice for unpaid rent | 3-day notice of nonpayment of rent3 calendar daysPaying in full within the period stops itTender of the full amount due, in the manner stated in the notice, before the 3 days run out bars any action for nonpayment. If the last day to cure falls on a weekend or federal holiday it moves to the next working day. | N.M. Stat. Ann. § 47-8-33(D), (H) |
| Notice for a lease breach | 7-day notice of noncompliance with rental agreement7 calendar daysThe tenant can fix the breach within the periodThe notice must give dates and facts and be served within 30 days of the breach, and the tenant may remedy within 7 days. A second material breach within 6 months gets a 7-day notice with no cure, and a substantial violation such as drug dealing or serious violence gets a 3-day notice. | N.M. Stat. Ann. § 47-8-33(A)-(C), (I) |
| Notice to end a month-to-month tenancy | 30 daysWritten notice at least 30 days before the periodic rental date specified in the notice. | NMSA 1978, § 47-8-37 |
| How a notice is served | hand delivery to the residentmail to the address the resident designated or last known residenceposting on an exterior door of the unit, valid alone only for a nonpayment notice and otherwise paired with first class mail or hand delivery | N.M. Stat. Ann. § 47-8-13(C)-(D) |
| Court and action | magistrate court (metropolitan court in Bernalillo County) or district courtpetition for restitution | N.M. Stat. Ann. §§ 47-8-42, 47-8-43, 47-8-45, 47-8-46(A), 47-8-47 |
| Time to answer | Not confirmed from the statute | Not confirmed from the statute |
| Hearing | trial 7 to 10 days after service of the summons, continuable once by up to 7 days for good cause | N.M. Stat. Ann. §§ 47-8-42, 47-8-43, 47-8-45, 47-8-46(A), 47-8-47 |
| Time to appeal | Not confirmed from the statute | Not confirmed from the statute |
| Removal | writ of restitution directs the sheriff to restore possession on a date 3 to 7 days after judgment | N.M. Stat. Ann. §§ 47-8-42, 47-8-43, 47-8-45, 47-8-46(A), 47-8-47 |
| Self-help (lockouts, utilities) | BannedWithout a court order an owner may not change locks, block entry, interfere with utilities, remove the resident's property or make the unit uninhabitable to force the resident out. | N.M. Stat. Ann. § 47-8-36 |
Read against the official texts below on 1 November 2026. The month-to-month period was checked on 29 September 2026.
- https://www.rld.nm.gov/wp-content/uploads/2021/06/00-2019-NM-UORRA-CHAPTER-47-for-web-publication.pdf
- https://nmcourts.gov/wp-content/uploads/sites/22/2023/11/Owner-Resident-Relations-7_24_2023.pdf
- https://lawlibrary.nmcourts.gov/wp-content/uploads/sites/34/2025/10/Resource-Guide_Landlord-Tenant_FINAL-2025.pdf
- https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2024/02/Form-4-901-NMRA.pdf
- https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2024/02/Form-4-902-NMRA.pdf
- https://codes.findlaw.com/nm/chapter-47-property-law/nm-st-sect-47-8-18/
- https://codes.findlaw.com/nm/chapter-47-property-law/nm-st-sect-47-8-37/
- https://codes.findlaw.com/nm/chapter-47-property-law/nm-st-sect-47-8-19/
- https://codes.findlaw.com/nm/chapter-47-property-law/nm-st-sect-47-8-15/
- https://law.justia.com/codes/new-mexico/chapter-47/article-8/section-47-8-15/
- https://law.justia.com/codes/new-mexico/chapter-47/article-8/section-47-8-24/
- https://www.nmlegis.gov/Legislation/Legislation?Chamber=S&LegType=B&LegNo=267&year=25
Questions landlords ask about eviction in New Mexico
How long does an eviction take in New Mexico?
The notice for unpaid rent runs 3 calendar days before you can file. After that the court sets the pace, so there is no honest total: the hearing, the judgment and the removal follow the court’s calendar and the timing rules quoted on this page.
What notice does a New Mexico landlord serve for unpaid rent?
The 3-day notice of nonpayment of rent, which gives the tenant 3 calendar days (N.M. Stat. Ann. § 47-8-33(D), (H)). Paying everything owed inside the period ends the case, by statute.
Can a landlord change the locks in New Mexico?
No. New Mexico bans self-help eviction (N.M. Stat. Ann. § 47-8-36), so only the court process can remove a tenant. The exact limits are quoted on this page.
Where is an eviction filed in New Mexico?
In the magistrate court (metropolitan court in Bernalillo County) or district court, where the case is called petition for restitution (N.M. Stat. Ann. §§ 47-8-42, 47-8-43, 47-8-45, 47-8-46(A), 47-8-47).
How does a landlord end a month-to-month tenancy in New Mexico?
With 30 days’ notice (NMSA 1978, § 47-8-37). If the tenant stays on after that, the eviction process on this page applies.
Can the tenant appeal an eviction in New Mexico?
No appeal deadline could be confirmed from the statute, so ask the clerk which one applies.
The eviction process in other states
- Nebraska: 7 calendar days for unpaid rent
- Nevada: 7 court days for unpaid rent
- New Hampshire: 7 calendar days for unpaid rent
- New Jersey: no notice before filing
- New York: 14 calendar days for unpaid rent
- North Carolina: 10 calendar days for unpaid rent
- North Dakota: 3 calendar days for unpaid rent
- Ohio: 3 calendar days for unpaid rent
General information, not legal adviceEviction law changes, and a court can read a statute differently from this summary. Check the current text and your local court’s rules, or ask a lawyer licensed in the state, before you serve a notice or file.
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