The New Mexico eviction notice forms are needed in the event that a landlord seeks to have a tenant removed from the premises for any legal reason. Reasons to remove a tenant can include for non-payment of rent, breach of agreement, or because a tenant has stayed beyond the lease term. In New Mexico, a landlord has to give notice to the tenant about his or her intention to seek legal redress if tenant fails to cure the breach. A landlord can go to a New Mexico Magistrate Court and file a Petition by Owner for Restitution. If landlord prevails in court, and tenant still fails to move out, landlord can ask the court for a Writ of Restitution to obtain the authorization for the sheriff to assist in moving the tenant out.
Notices By Type
3-Day Notice to Quit (Non-Payment of Rent) – Also known as Form CV-105, is to be used to inform tenant of his or her failure to pay the rent on time. The tenant will have three days to pay or move out before landlord seeks legal action.
7-Day Notice to Quit (Non-Compliance) – Also known as Form CV-106, is to be used when a tenant has breached the lease contract other than non-payment of rent. Tenant will have 7 days to respond or move out. If it is a second (2nd) violation of the same non-compliance, then the landlord will have the option to terminate the lease and offer the tenant thirty (30) days to move-out.
30-Day Notice to Quit (Month to Month) – Also known as Form CV-108, is to be used to inform a tenant that the lease will not be renewed at the end of the term and that they have 30 days to move out.
When is Rent Due
Rent is due to the landlord on the date specified in the lease. If it is not paid by that date, it will be considered late and the landlord can seek redress.
How to Evict (Process)
Step 1 – Before going to court to have a tenant removed, landlord must exhaust the notice process first. Depending on the breach, landlord must deliver one of the following notices to the tenant and then wait the requisite period of time, giving the Tenant a chance to respond:
- 3-Day Notice to Quit (Non-Payment of Rent)
- 7-Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Month to Month)
Step 2- If tenant fails to rectify the problem or move out in response to the landlord’s notice in Step 1, landlord may then go to the local magistrate court to file a Petition by Owner for Restitution and a summons with a fee of $77.00. The summons and petition must be properly served on the Tenant. It cannot be served by the Landlord. It is probably a good idea to have the sheriff serve the papers. It must be served at lease 7 days before the court hearing.
Step 3 – If tenant fails to show up at the hearing and/or the landlord is successful in his or her case against the tenant, the court will issue a judgment of restitution and give the tenant a date to move out which will be no more than seven days from the date of judgment. If the tenant still fails to move out. The landlord can ask the court to issue a Writ of Restitution and then the sheriff will be authorized to remove the tenant.