How to Evict a Roommate Not on the Lease in New Mexico

Dealing with a roommate who is not listed on your lease can be a challenging situation, especially if you need them to move out. In New Mexico, renters have specific rights and responsibilities when living with someone not on the lease. This guide outlines the basic steps and resources available to help you navigate the eviction process lawfully and respectfully.

Understanding Roommate Agreements and Lease Status in New Mexico

When the person sharing your rental isn’t named on the official lease agreement, they may be considered a guest, occupant, or—in some cases—a month-to-month subtenant. The distinction matters for eviction rules. Even if they aren’t on the lease, you, as the leaseholder, must still follow New Mexico’s Uniform Owner-Resident Relations Act^[1] when asking them to leave.

• If you invited them to stay and they contribute to rent or utilities, they may have tenant rights.
• If they're overstaying their welcome or refuse to leave, you may need to formally evict them even if there’s no written agreement.

Legal Options to Remove a Roommate Not on the Lease

Evicting a roommate in New Mexico means providing proper legal notice and following the state’s process—even if they are not a formal tenant. Here’s an overview:

1. Providing Written Notice

If your roommate pays rent (directly to you or to the landlord) or shares expenses, treat them as a month-to-month tenant. The first step is to provide a 30-day written notice to vacate under Section 47-8-37 of the Uniform Owner-Resident Relations Act. You do not need a special form, but your notice should include:

• Date of the notice
• The roommate’s name
• Your address
• Statement they must move out by a specific date (at least 30 days from service)
• Your signature

Delivery can be in person or by certified mail to ensure proof.

2. If They Refuse to Leave: Filing for Eviction in Court

If your roommate does not move out after the 30-day notice period, your next step is to file for eviction at your local New Mexico Magistrate or Metropolitan Court (the official tribunals for landlord-tenant disputes).

You will need to complete a Petition by Owner for Restitution (Eviction). You can find this form, also known as CV-10501, on the New Mexico Courts website. Bring your written notice, proof of delivery, and any evidence of the roommate’s tenancy (texts, shared bills, etc.).

If the Roommate is Simply a Guest

If the person never contributed to rent and had no agreement to stay long-term, they may be considered a guest. If they won’t leave after being told, you may need to file for an Order of Removal for Trespassers through your local court, rather than using eviction forms.

Required Forms for Eviction

• 30-Day Notice to Vacate (no official state form)
  • Use a written letter stating the date they must vacate—see sample templates from your local court.
• Petition by Owner for Restitution (CV-10501)
  • Used to begin a formal eviction case in Magistrate or Metropolitan Court if your notice is ignored.

For more information and sample forms, visit the official New Mexico Courts Landlord-Tenant resources.

Eviction Hearing: What to Expect

Once you file the Petition by Owner for Restitution, the court will schedule a hearing. Bring your proof of notice, any payment history, and details about your arrangement. If the judge grants eviction, the court will issue a Writ of Restitution (removal order), which local law enforcement will enforce if needed.

If you’re unsure whether your roommate is considered a tenant or guest, contact your local court self-help center for guidance before starting the eviction process.

FAQ: Roommate Eviction in New Mexico

1. Can I just change the locks if my roommate refuses to leave?
   No. Changing locks without a court order is considered a "self-help" eviction and is illegal under New Mexico law. Only a court-issued Writ of Restitution allows removal.
2. What if there’s no written agreement with my roommate?
   Even without a written lease, if your roommate paid rent or contributed to household bills, they likely have tenant rights and require formal eviction procedures.
3. How long does it take to legally evict a roommate?
   Eviction can take several weeks, depending on how quickly you give notice, file court papers, and receive a hearing date.
4. Do I need my landlord involved if I’m the only leaseholder?
   If you are the legal tenant, you can begin the process yourself. However, your lease may require that you notify the landlord, so review your agreement or ask your landlord if needed.
5. Where can I get help completing eviction forms?
   Court self-help desks or legal aid services in New Mexico can help you fill out the correct paperwork and explain next steps.

Conclusion: Key Takeaways for New Mexico Renters

• Evicting a roommate not on the lease requires following New Mexico’s notice and court procedures.
• Use official court forms and keep written proof of all steps taken.
• Never use self-help eviction methods like changing locks or removing belongings without a court order.

Remember, the courts are there to help clarify the law and ensure everyone’s rights are protected.

Need Help? Resources for Renters

• New Mexico Courts: Landlord-Tenant Information and Forms – Guidance and forms for eviction and removal
• Uniform Owner-Resident Relations Act (Official State Legislation)
• Law Help New Mexico – Tenant legal assistance
• For court locations and self-help resources: New Mexico Court Self Help Centers

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1. Uniform Owner-Resident Relations Act, New Mexico Statutes Chapter 47, Article 8
2. New Mexico Magistrate and Metropolitan Courts – Landlord-Tenant Self Help
3. Petition by Owner for Restitution (CV-10501) – New Mexico Courts

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