New Mexico (NM) eviction guide
Quick answer
To evict a tenant in New Mexico, serve the correct written notice (3 days for nonpayment of rent, 7 days for a curable lease violation), then file a complaint in Magistrate Court if the tenant does not comply. The court schedules a hearing roughly 7 to 10 days after the tenant is served, and a landlord can typically complete the full process in 3 to 8 weeks from the first notice to the physical lockout by a sheriff.
| Legal grounds | Nonpayment of rent, lease violation, illegal activity, holdover after lease ends |
|---|---|
| Minimum notice | 3 days (nonpayment or illegal activity) |
| Where to file | Magistrate Court (claims up to $10,000); District Court for higher-value cases |
| Filing fee | About $157 in Magistrate Court; about $212 in District Court |
| Typical timeframe | 3 to 8 weeks |
Served when a tenant has not paid rent; the tenant must pay in full or vacate within 3 days or the landlord may file in court (NMSA 47-8-33).
Required for a curable lease violation such as an unauthorized pet or occupant; the tenant has 7 days to fix the problem or face eviction (NMSA 47-8-33).
Used for illegal activity or a violation that cannot be fixed; no opportunity to cure is required (NMSA 47-8-33).
Required to end a month-to-month tenancy without cause; notice must be given before the start of the next rental period (NMSA 47-8-37).
| Step | Timeframe | What happens |
|---|---|---|
| 1. Serve Written Notice | 3 to 30 days | Deliver the correct notice in writing to the tenant by personal delivery or posting and mailing; the notice period begins the day after service. |
| 2. File Complaint in Magistrate Court | 1 to 2 days | If the tenant does not comply, file a Petition for Restitution with your local Magistrate Court and pay the filing fee of about $157. |
| 3. Serve Summons and Complaint on Tenant | 1 to 3 days | The court issues a summons; a process server or sheriff delivers it to the tenant, typically at least 7 days before the hearing date. |
| 4. Attend Court Hearing | 7 to 10 days after filing | Both parties present their case before a magistrate judge; bring your lease, notice, and any payment records. |
| 5. Obtain Judgment and Request Writ of Restitution | Same day to 3 days after hearing | If the judge rules in your favor, ask the court to issue a Writ of Restitution directing the sheriff to remove the tenant. |
| 6. Sheriff Executes Lockout | 3 to 7 days after writ is issued | The sheriff posts the writ and returns to physically remove the tenant if they have not vacated; the landlord may then retake possession. |
Filing in Magistrate Court costs about $157; District Court costs about $212. Add roughly $25 to $75 for the Writ of Restitution fee and sheriff service costs, plus any attorney fees, which commonly run $500 to $1,500 for a straightforward uncontested case.
After the court enters a judgment for possession, the landlord requests a Writ of Restitution from the court clerk; the writ directs the county sheriff to remove the tenant. Self-help eviction, such as changing locks or removing belongings without a writ, is illegal in New Mexico. The sheriff typically posts the writ and returns within a few days to execute the lockout if the tenant has not left voluntarily.
General information, not legal advice. Governing statute: New Mexico Uniform Owner-Resident Relations Act, NMSA 1978, Sections 47-8-1 through 47-8-52. Self-help eviction is illegal everywhere; always follow the court process.
New Mexico eviction FAQ
Most New Mexico evictions take **3 to 8 weeks** from the first notice to the sheriff's lockout. Uncontested cases where the tenant does not appear in court can be resolved in as little as 3 weeks; contested cases or appeals can stretch to 2 months or longer.
Expect to spend at least **$200 to $300** in court and writ fees alone. If you hire an attorney, total out-of-pocket costs typically land between **$700 and $2,000** for a straightforward eviction, not counting lost rent during the process.
No. New Mexico law requires a court judgment before a landlord can remove a tenant. Changing the locks, shutting off utilities, or removing a tenant's belongings without a court order is an illegal self-help eviction and can expose the landlord to liability.
Valid grounds include **nonpayment of rent**, a material lease violation (such as unauthorized pets or occupants), illegal activity on the premises, and holding over after the lease expires. A landlord may also end a month-to-month tenancy without cause by giving 30 days' written notice.
Yes, in limited circumstances. If a tenant pays all rent owed before or at the hearing, the court may dismiss the case. A tenant may also raise defenses like retaliatory eviction or habitability failures. After judgment, a tenant can appeal but must typically pay rent into court escrow within **5 days** to stay the eviction while the appeal is pending.
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