New Mexico Eviction Notice Law
New Mexico's notice period for unpaid rent is 3 days (3-day notice of nonpayment and intent to terminate). For a lease violation it is 7 days, and the tenant gets a chance to fix the problem.
Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
Not legal advice. A defective notice can restart an eviction case; ask a New Mexico attorney or court self-help center before serving one. See our disclaimer.
New Mexico eviction notice rules at a glance
| Notice for unpaid rent | 3 days (3-day notice of nonpayment and intent to terminate)NMSA 1978, § 47-8-33(D) |
|---|---|
| Notice for a lease violation | 7 days (chance to cure)NMSA 1978, § 47-8-33(A)-(C) |
| Ending a month-to-month tenancy (no-fault) | 30 days (either side)NMSA 1978 § 47-8-37 |
What New Mexico law says
What notice must a New Mexico landlord give before filing an eviction for unpaid rent?
For unpaid rent, give written notice of nonpayment and intent to terminate; if the resident doesn't pay within 3 days the agreement may end, but tendering the full amount due before the 3 days run out bars the eviction (NMSA 1978, § 47-8-33(D)).
How much notice is required for a lease violation in New Mexico?
For a first material breach, give written notice with dates and facts that the agreement ends at least 7 days after receipt unless the breach is fixed within 7 days; a second breach within 6 months allows a 7-day notice with no cure, and the notice must be given within 30 days of the breach (NMSA 1978, § 47-8-33(A)-(C)).
How much notice ends a month-to-month tenancy in New Mexico?
Either party may end a New Mexico month-to-month residency with written notice given at least 30 days before the periodic rental date named in the notice (NMSA 1978 § 47-8-37(B)).
How New Mexico compares
No verified jurisdiction uses a shorter unpaid-rent notice.
None of New Mexico's 4 neighbors follows the same rule.
Other New Mexico rules
| Security deposit limit | 1 month's rent (with exceptions)NMSA 1978 § 47-8-18(A) |
|---|---|
| Deposit return deadline | 30 days after move-outNMSA 1978 § 47-8-18(C)-(D), N.M. Legislature CCJ Committee handout (Aug. 25, 2026), slide 'Fees Assessed at Move-out' citing NMSA 1978 § 47-8-18(C) |
| Late-fee cap | Up to 5% of the rent for each rental period the tenant is in default; calculated on rent only (not deposits, other fees or utilities); must be provided for in the rental agreement and noticed by the last day of the next rental periodNMSA 1978 § 47-8-15(D), as amended by Laws 2025, ch. 122, § 6 (SB 267), NMSA 1978 § 47-8-15(D) (official compilation) |
| Entry notice | 24 hours' noticeNMSA 1978 § 47-8-24 |
| Rent-increase notice | 30 days (Periodic residencies shorter than a month: written notice at least one rental period before the first increased payment. Fixed-term residencies: 30 days before the term ends. Increases to lease fees require 60 days' written notice (§ 47-8-19.4))NMSA 1978 § 47-8-15, 2025 SB 267 as enacted (Laws 2025, ch. 122), § 6 |
Read the New Mexico law
- NMSA 1978 ch. 47, art. 8 (Uniform Owner-Resident Relations Act), official compilation on NMOneSource
- N.M. Legislature, 2025 SB 267 as enacted (Laws 2025, ch. 122): Uniform Owner-Resident Relations Act amendments
- N.M. Legislature, Courts, Corrections & Justice Committee handout (Aug. 25, 2026), 'Short Timelines & Rising Rents' (NM Legal Aid / NM Center on Law & Poverty)
Put the rent due date and notice terms in writing
Related
- New Mexico lease agreement
- New Mexico landlord-tenant law
- Eviction notice laws in every state
- New Mexico notice to vacate
- New Mexico late rent notice
- New Mexico rent increase notice
- New Mexico security deposit return letter
- New Mexico notice of entry
- New Mexico lease termination letter
- New Mexico lease renewal letter