New Mexico eviction law

If rent is unpaid when due, give the tenant written notice of the nonpayment and of your intent to end the rental agreement. If the tenant does not pay within three days, you may end the agreement and the tenant must give up possession. If the tenant tenders the full amount due, in the way the notice states, before the three days run out, you may not sue for nonpayment.

NMSA 1978 § 47-8-33(D)

• A nonpayment notice is effective only when handed to the tenant, mailed, or posted on an exterior door of the home. A posted notice is taped on all sides or placed in a receptacle for notices or mail. NMSA 1978 § 47-8-13(D)
• Every notice must include the date of posting, and that date is the notice's effective date. NMSA 1978 § 47-8-13(D)

For a first material breach of the rental agreement, or a breach of the tenant's duties that materially affects health and safety, give written notice with the dates and specific facts of the breach, stating that the agreement will end on a date at least seven days after the tenant receives it unless the breach is fixed within seven days. That first notice must also say that a second material breach within six months ends the agreement, and it must be given within 30 days of the breach or of learning of it.

NMSA 1978 § 47-8-33(A) to (C)

• For a second material breach within six months, the notice ends the agreement on a date at least seven days after receipt, with no chance to fix it. A breach more than six months after the first counts as a new first breach. NMSA 1978 § 47-8-33(B)
• If the tenant knowingly commits or allows a substantial violation, such as certain drug crimes, unlawful use of a deadly weapon or serious physical harm to another, the notice may end the agreement on a date at least three days after receipt. NMSA 1978 § 47-8-33(I) NMSA 1978 § 47-8-3(V)
• If the last day to fix the breach falls on a weekend or federal holiday, it moves to the next day that is not. NMSA 1978 § 47-8-33(H)
• A court may grant relief only on the grounds stated in the written notice. NMSA 1978 § 47-8-33(G)
• Written notices other than for nonpayment that are posted must also be mailed first class or handed to the tenant. NMSA 1978 § 47-8-13(D)
• Being a victim of domestic violence is a defense to eviction for a substantial violation, and no writ issues if the tenant sought or holds a temporary restraining order over that incident or an earlier one. NMSA 1978 § 47-8-33(J)

After the right notice, file a petition for restitution in the district or magistrate court with the facts, a description of the home and proof of the notice. Trial on your petition is set seven to ten days after the summons is served. If you win, the court issues a writ directing the sheriff to restore possession on a date three to seven days after judgment.

NMSA 1978 § 47-8-42 NMSA 1978 § 47-8-43 NMSA 1978 § 47-8-46

• The court may continue the hearing up to seven days for good cause, and tries the case even if a properly served tenant does not appear. NMSA 1978 § 47-8-43(B) NMSA 1978 § 47-8-44
• A tenant who appeals stays the writ only by paying the rent for the rest of the period within five days of filing the appeal and then paying monthly. NMSA 1978 § 47-8-47(A)
• When the tenant disputes rent because of lawful abatement or rent you applied to damages, a writ you win is conditioned on the tenant's right to pay the judgment within three days of its entry. NMSA 1978 § 47-8-33(E)
• The prevailing party in a suit to enforce the agreement or the Act recovers reasonable attorneys' fees and court costs. NMSA 1978 § 47-8-48(A)
• A frivolous or bad-faith eviction for a substantial violation carries a penalty of two times the monthly rent plus damages and costs. NMSA 1978 § 47-8-33(M)

Except after abandonment or surrender, you may not lock out or remove a tenant without a court order, whether by fraud, changing or adding locks, blocking an entrance, interrupting utilities or services, removing the tenant's belongings, disabling appliances or fixtures, or making the home inaccessible or uninhabitable.

NMSA 1978 § 47-8-36

• A tenant who is locked out or loses a service may abate all rent for each day affected, recover two times the monthly rent and damages, and seek to regain possession or end the agreement. NMSA 1978 § 47-8-36(C) NMSA 1978 § 47-8-48(C)
• Temporary interference while making legitimate repairs or inspections is allowed, and you need not pay a utility bill the tenant owes. NMSA 1978 § 47-8-36(A)(4), (B)
• There is no landlord's lien on a tenant's belongings; you may still collect a judgment for rent or damages. NMSA 1978 § 47-8-36.1

The home is abandoned when the tenant is gone more than seven straight days without notice after rent is delinquent; you may then take possession. After abandonment, store the tenant's property for at least 30 days and serve written notice, by hand or first class mail, of the disposal date at least 30 days out, with a phone number and address for getting it back.

NMSA 1978 § 47-8-3(A) NMSA 1978 § 47-8-34(C) NMSA 1978 § 47-8-34.1

• After a voluntary surrender, store property at least 14 days. After a writ of restitution, you need not store it more than three days after the writ is carried out. NMSA 1978 § 47-8-34.1(B), (C)
• Property worth less than $100 may be disposed of in any manner. For more valuable property you may sell it or keep it at fair market value, and send any excess over what is owed, with an itemized statement, within 15 days. NMSA 1978 § 47-8-34.1(D), (E)
• You may charge reasonable storage fees and moving costs and require payment before release, but may not hold the property for other debts. NMSA 1978 § 47-8-34.1(G), (H)
• You may ask each tenant to name a contact person to receive property and the deposit refund if the tenant dies. NMSA 1978 § 47-8-34.2

You may not raise rent, cut services, or bring or threaten an eviction because a tenant who is complying with the rental agreement has, within the previous six months, complained to a housing code agency, joined or organized a tenants' group, exercised rights under the Act in good faith (including a written repair request), made a fair housing complaint, won or has pending a lawsuit against you about the residency, testified for another tenant, or lawfully abated rent.

NMSA 1978 § 47-8-39

• A tenant facing retaliation may use it as a defense to eviction and recover two times the monthly rent, plus attorneys' fees and costs if they prevail. NMSA 1978 § 47-8-39(B) NMSA 1978 § 47-8-48(A), (C)
• A uniform increase or service change at the end of the term, or under the agreement, that matches similar units and is not aimed at the tenant is allowed. NMSA 1978 § 47-8-39(C)
• You may still sue for possession for unpaid rent, a material breach, a substantial violation, tenant-caused code violations, or code work that requires the tenant to leave. NMSA 1978 § 47-8-40