LegalCals

New Mexico Eviction Rules

Official notice periods, filing timelines, and legal citations for this state.

Notice Requirements

Nonpayment of Rent
3 days
Lease Violation
7 days
When can the landlord file?
Landlord may file after the notice period expires without cure or payment.
Tenant answer deadline
Tenant typically appears at the hearing; written answers may be required.
Hearing timeline
Typically 1–2 weeks after filing, depending on court schedule.
Lockout / physical eviction
Only the sheriff may execute the writ of restitution after a court judgment.

Eviction Process Timeline

  1. Notice Period (Nonpayment)

    3 days

  2. Notice Period (Lease Violation)

    7 days

  3. Landlord Can File

    Landlord may file after the notice period expires without cure or payment.

  4. Tenant Answer Deadline

    Tenant typically appears at the hearing; written answers may be required.

  5. Hearing Timeline

    Typically 1–2 weeks after filing, depending on court schedule.

  6. Lockout / Physical Eviction

    Only the sheriff may execute the writ of restitution after a court judgment.

Legal Citations

  • N.M. Stat. § 47-8-33