New Mexico Eviction Notice Types: 30-Day vs. 7-Day Explained

If you're renting in New Mexico, understanding the difference between 30-day and 7-day eviction notices is crucial to knowing your rights and planning your next steps. Whether you're facing a problem with your landlord or just want to be prepared, this guide explains what each notice means and how to respond in plain English.

Eviction Notices in New Mexico: The Basics

In New Mexico, landlords can't simply evict renters without proper cause and notice. The type of eviction notice you might receive depends on the reason your landlord wants you to move out. Each notice comes with its own rules and deadlines, set out by state law. The main forms are the 7-day notice and the 30-day notice.

What is a 7-Day Notice?

A 7-day notice is typically used when a renter has violated the lease agreement—for example, not paying rent or breaking another rule. There are two main versions:

• 7-Day Notice to Pay or Quit: Used when rent is overdue. You have seven days to pay the full amount or move out.
• 7-Day Unconditional Quit Notice: Given for serious or repeated violations (like significant property damage or illegal activity). You must leave within seven days, with no chance to fix the problem.
  Reference: New Mexico Uniform Owner-Resident Relations Act, Section 47-8-33

For most lease violations, a 7-day notice must explain what you did wrong and give you the opportunity to fix it or leave.

What is a 30-Day Notice?

A 30-day notice is usually used when the landlord wants to end a month-to-month rental agreement or does not want to renew your lease. Reasons might include wanting to move in themselves or to stop renting out the property. You do not have to be at fault to receive a 30-day notice; it’s most commonly for "no cause" terminations.

• 30-Day Notice to Vacate: Either you or your landlord can give this notice to end a month-to-month tenancy. No specific reason is required, but it must be delivered in writing at least 30 days before the move-out date.
  Reference: Section 47-8-37, NM Statutes

It's important to note that you cannot be evicted before the end of those 30 days—this notice gives you time to plan your next move.

Official Forms for New Mexico Eviction Notices

New Mexico does not provide statewide standardized eviction notice forms, but the law requires notices to be in writing and to meet specific requirements. If your landlord is filing for eviction in court, they will use the following official form:

• Petition by Owner for Restitution (NMRA-4-902):
  • When it’s used: If the renter doesn't respond to an eviction notice (7- or 30-day), the landlord may file this petition in court to start a formal eviction.
  • Example: If you don’t pay overdue rent after a 7-day notice, your landlord can submit this petition to the court.
  • View the Petition by Owner for Restitution (NMRA-4-902)

You can always ask for a copy of any notice or petition served to you and read official guides on the New Mexico Courts Landlord-Tenant Self-Help Center.

What Happens After You Receive a Notice?

Each notice triggers its own legal process. Here’s what to expect:

• 7-Day Notice:
  • If for nonpayment: Pay the full rent within seven days to stop the eviction process, or move out.
  • If for another violation: Fix the problem (sometimes called “curing the breach”) or prepare to leave.
• 30-Day Notice:
  • You have 30 days to move out. Use this time to find new housing or to discuss concerns with your landlord (such as possible discrimination or retaliation, which are illegal).

Who Handles Disputes and Evictions?

Eviction cases and disputes are handled by the New Mexico Magistrate Court or Metropolitan Court depending on your county. These courts oversee owner-resident (landlord-tenant) cases under the New Mexico Uniform Owner-Resident Relations Act. You can see a list of court locations and resources through the official New Mexico Courts website.

Common Action Steps for Renters

• Read the notice carefully and check the timing and the stated violation or reason for eviction.
• Respond in writing if you plan to pay overdue rent, fix problems, or ask questions.
• Keep copies of all communications and notices.
• If you receive a court summons, show up on your hearing date and bring all paperwork.
• Contact rental assistance or legal aid if you need support.

Frequently Asked Questions

1. Can my landlord evict me without a written notice in New Mexico?
   No. In nearly all cases, your landlord must provide written notice before filing an eviction in court. Verbal warnings are not enough under state law.
2. Do I have to move out immediately after a 7-day notice?
   Not necessarily. With a 7-day notice for nonpayment or minor violations, you usually have the chance to fix the issue within seven days. If the notice is unconditional (for serious violations), you must leave within the notice period.
3. Can I fight an eviction if I think the notice is unfair?
   Yes. You can attend your court hearing, present evidence, and seek legal help. Certain evictions (such as those based on discrimination or retaliation) may be illegal.
4. Where can I find the official rules on eviction notices?
   You can read the New Mexico Uniform Owner-Resident Relations Act for the full details on notice requirements and tenant rights.
5. What if I can’t pay my rent within seven days?
   If you’re unable to pay, it's important to contact your landlord to discuss options and seek out rental assistance. You may still be subject to court eviction if you can’t meet the terms of the notice.

Need Help? Resources for Renters

• New Mexico Courts Landlord-Tenant Self-Help Center – Find forms, guides, and court information.
• New Mexico Mortgage Finance Authority – Rental assistance programs.
• New Mexico Legal Aid – Free or low-cost legal help for renters.
• Uniform Owner-Resident Relations Act – Read the full tenancy legislation.

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1. New Mexico Uniform Owner-Resident Relations Act, Sections 47-8-33 and 47-8-37
2. New Mexico Courts Landlord-Tenant Self-Help Center: Official Portal
3. NMRA-4-902 Petition by Owner for Restitution: Official Form

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