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Free New Mexico
Eviction Notice Template

Last reviewed September 2026

Written by LawLease Editorial

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New Mexico Eviction Notice

Before a New Mexico landlord can file for eviction, the tenancy usually has to be ended with written notice. How much notice depends on the reason. Here’s what New Mexico’s statute says for each kind of notice this template builds.

New Mexico rules at a glance

New Mexico rules for an Eviction Notice
Unpaid rent3 days. A written 3-day notice of nonpayment; if the rent isn’t paid within three days of delivery, the owner may terminate and file a petition for restitution.NMSA §47-8-33(D)
Lease violation7 days. A 7-day notice of noncompliance lets the resident cure.NMSA §47-8-33(A)–(C)
Serious grounds3 days. Substantial violations within 300 feet of the unit — such as drug dealing, unlawful use of a deadly weapon, or causing serious physical harm — support a 3-day notice of termination.NMSA §47-8-33(I)

Ending a New Mexico tenancy

Notice to end a New Mexico periodic residency (§47-8-37)
Week-to-week7 days’ written notice
Month-to-month30 days’ written notice before the periodic rental date
  • Nonpayment — A written 3-day notice of nonpayment; if the rent isn’t paid within three days of delivery, the owner may terminate and file a petition for restitution (§47-8-33(D)).
  • Lease violations — A 7-day notice of noncompliance lets the resident cure. A second material breach within six months of the first gets a 7-day notice with no right to cure; the initial notice must warn of this and be given within 30 days of the breach or the owner’s knowledge of it (§47-8-33(A)–(C)).
  • Substantial violations — Serious conduct within 300 feet of the unit — such as drug dealing, unlawful use of a deadly weapon, or causing serious physical harm — supports a 3-day notice of termination (§47-8-33(I)).
  • Military — Active-duty servicemembers with qualifying orders may terminate under the federal SCRA (50 U.S.C. §3955).

New Mexico Eviction Notice FAQs

What eviction notice is required for unpaid rent in New Mexico?

A written 3-day notice of nonpayment. If the tenant doesn’t pay within three days of receiving it, the owner may terminate the agreement and file a petition for restitution in court (NMSA §47-8-33).

More New Mexico landlord documents

Eviction Notice in other states

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