Partial Rent Payments & Eviction in New Mexico: What Renters Need to Know

If you're a renter in New Mexico and facing difficulty paying your full rent, you may wonder what happens if you can only make a partial payment. It's important to know how partial payments can impact your eviction risk and what protections and options are available to you in New Mexico.

Understanding Partial Rent Payments in New Mexico

Under New Mexico law, your landlord is entitled to collect the full rent as stated in your lease. However, if you can't pay the entire amount, you might offer a partial payment. Whether your landlord accepts it — and what happens next — depends on your rental agreement and state eviction laws.

What is Considered a Partial Rent Payment?

• A partial rent payment means paying less than the full rent amount due for the rental period.
• For example, if your rent is $900 and you can only pay $600 this month, that's considered a partial payment.

In New Mexico, a landlord can accept a partial payment, but doing so does not necessarily mean they waive their right to evict you for the balance still owed, unless you and the landlord make a written agreement stating otherwise.

How Partial Payments Affect Eviction Risk

Accepting a partial payment does not automatically stop an eviction process in New Mexico. Unless you and your landlord agree in writing that the partial payment satisfies your full obligation, your landlord can still pursue eviction for the unpaid amount.

• If you make a partial payment and the landlord accepts it, the landlord may still serve you with a three-day notice if the balance hasn't been paid.
• Landlords are required to give you a written notice before filing for eviction for nonpayment of rent.

Required Notices for Eviction (Summary)

• 3-Day Notice of Nonpayment of Rent: Landlords must provide this notice if you have not paid the rent in full.
  View an example and get more information on the New Mexico Courts website.
• If you pay the balance in full within the three-day period, you can avoid eviction.

Get all notices in writing, and keep copies of every payment (including partial ones) for your records.

Official Eviction Process and Tribunal in New Mexico

The New Mexico Courts oversee all eviction cases for residential tenancies. If you receive an eviction notice, you may have to appear before a judge at your local magistrate or metropolitan court.

Official Forms Renters Should Know

• Answer to Petition by Tenant in Eviction Proceeding: Tenants use this form to respond to an eviction lawsuit. For example, if you receive a notice that your landlord has filed for eviction, you can use this form to state your side or raise defenses.
  Download the official Answer to Petition form (Form 4-904).
• Application for Free Process (Forma Pauperis): If you can't afford court fees, you may use this form to request a fee waiver. For example, if you need to file a response in court but cannot pay the filing fee, this application can help.
  Find the Application for Free Process on the New Mexico Courts forms page.

All official forms and instructions are available from the New Mexico Courts forms portal.

Tenancy Legislation: Your Rights Under New Mexico Law

The main law covering rental agreements and evictions in New Mexico is the New Mexico Uniform Owner-Resident Relations Act (NMSA 1978, Chapter 47, Article 8)¹. This law sets out your rights and obligations as a tenant and those of your landlord, including security deposit limits, notice requirements, and eviction rules.

Actions to Take if You Can Only Make a Partial Payment

Here are practical steps if you're having trouble paying full rent:

• Communicate proactively with your landlord and request written confirmation of any payment arrangements.
• Document every partial payment and obtain receipts.
• Seek mediation services or legal aid if you face a pending eviction.
• If you receive an eviction notice, respond quickly using the official forms provided by the New Mexico Courts.
• Consult the New Mexico Courts landlord-tenant resources for more information on your options.

Taking these steps can help you protect your rights and improve your chances of reaching a workable solution.

FAQ: Partial Rent Payments & Eviction Risk in New Mexico

1. Does making a partial rent payment stop an eviction in New Mexico?
   Not always. Unless your landlord agrees in writing to accept a partial payment as full payment, they can still evict for the unpaid amount.
2. How much notice does a landlord have to give before eviction for nonpayment?
   Landlords must provide at least a three-day written notice before filing for eviction in court if rent isn't paid in full.
3. What if my landlord accepts my partial payment?
   Acceptance alone doesn't waive their right to evict for the balance, unless there's a written agreement. Always get clarification in writing.
4. What form should I use if I want to respond to an eviction notice?
   Use the "Answer to Petition by Tenant in Eviction Proceeding" (Form 4-904) available on the New Mexico Courts website.
5. Can court filing fees be waived if I can’t afford them?
   Yes. File the Application for Free Process (Forma Pauperis) through the New Mexico Courts to request a waiver.

Conclusion: Key Takeaways for New Mexico Renters

• Partial rent payments do not automatically prevent eviction in New Mexico unless your landlord explicitly agrees in writing.
• Landlords must give at least a three-day notice before filing for eviction for unpaid rent.
• Use official court forms to respond promptly to eviction notices and document all communications and payments.

Knowing your rights and the correct procedures helps you make informed decisions and protect your housing security.

Need Help? Resources for Renters

• New Mexico Courts – Landlord-Tenant Self-Help Center
• New Mexico Legal Aid – Free or low-cost legal assistance for eligible residents
• New Mexico Real Estate Commission – For formal complaints and regulation information
• New Mexico Mortgage Finance Authority – Resources for housing assistance

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1. New Mexico Uniform Owner-Resident Relations Act (NMSA 1978, Chapter 47, Article 8)
2. New Mexico Courts – Landlord/Tenant Eviction Resources
3. New Mexico Courts – Official Forms

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