How the New Mexico eviction process works
The Uniform Owner-Resident Relations Act calls the case a petition by owner for restitution, and it moves in four stages: a written notice, a petition filed after the notice runs out, a short trial, and a writ of restitution if the owner wins. Cases are filed in magistrate court, in the Bernalillo County Metropolitan Court for Albuquerque properties, or in district court, using the state’s standard forms.
Our New Mexico landlord-tenant law guide covers deposits, fees and entry. This page stays with the eviction itself, where small timing mistakes cost owners the most.
Which eviction notice to serve in New Mexico
Pick the notice that matches the problem, because the court can grant relief only on the grounds stated in the notice you served (NMSA 47-8-33(G)). The court forms are numbered 4-901 through 4-903.
- Nonpayment: a 3-day notice of nonpayment (form 4-901). If the resident tenders the full amount due, in the way the notice states, before the 3 days end, you cannot file for nonpayment (47-8-33(D)).
- First material lease violation: a 7-day notice to cure (form 4-902). It must give dates and specific facts, warn that a second breach within six months ends the tenancy, and be served within 30 days of the breach or your knowledge of it (47-8-33(A), (C)).
- Second material violation within six months: a 7-day notice that ends the tenancy with no right to cure (47-8-33(B)).
- Substantial violation, such as knowing criminal conduct listed in the act: a 3-day notice with no cure (form 4-901A, 47-8-33(I)). Residents can defend on domestic violence, lack of knowledge or self-defense grounds, and a frivolous or bad-faith case exposes the owner to a penalty of twice the monthly rent (47-8-33(J)–(M)).
- No cause, month-to-month: 30 days’ written notice before the periodic rental date (47-8-37, form 4-903).
How to serve and count a New Mexico notice
Delivery rules differ by notice. A nonpayment notice is effective when it is hand-delivered, mailed, or posted on an exterior door of the unit. Any other notice that you post must also be mailed first class or hand-delivered. Every notice must show the date of posting, which becomes its effective date, and a posted notice has to be taped on all sides or placed in a mail or notice receptacle (47-8-13(D)).
Counting is where cases get dismissed. In Cheng v. Rabey, 2023-NMCA-013, the Court of Appeals held that an owner cannot file a petition for restitution until the day after the third day of a nonpayment notice, and a petition filed on the third day was premature. If the last day to remedy a breach falls on a weekend or federal holiday, the period runs to the next business day (47-8-33(H)). Serve on a Monday or Tuesday and the timeline stays clean.
Filing the petition and getting to trial
File the petition (form 4-904) in the court for the county where the building sits, with the lease and every notice attached as exhibits. The clerk prepares a service packet with the summons, petition, a blank answer and the hearing date.
The summons must be served on each resident by the sheriff, a private process server or another adult who is not a party, and never by you or your staff. Service can be personal, by leaving the packet with a household member 15 or older, or by posting it on the door and also mailing a copy. File the completed return of service before the hearing, or the court will not act.
Under NMSA 47-8-43(A)(1), trial of an owner’s action for possession is set not less than 7 nor more than 10 days after the summons is served. The court can continue the hearing for up to 7 days for good cause (47-8-43(B)). The resident’s written answer is due by the summons deadline or the hearing date, whichever is earlier, and many courts order the parties to try settlement first.
Judgment, the writ of restitution and the sheriff
If you win, the court declares the rental agreement forfeited and, at your request, issues a writ directing the sheriff to return possession on a date set between 3 and 7 days after judgment (NMSA 47-8-46(A)). The sheriff carries it out. You do not change the locks before then.
One exception changes the math. When the resident disputes the amount owed because they abated rent for repairs, or because you applied rent to damages, a winning owner gets a conditional writ: the resident has 3 days from judgment to satisfy it, and the writ is dismissed if they do (47-8-33(E)). Keep repair requests closed and your ledger clean to avoid that delay.
Appeals: the rent rule that protects owners
Either side can appeal, and a resident’s appeal stays the writ only if, within 5 days after filing the notice of appeal, the resident pays you, or deposits with a professional escrow agent, the rent from the day after judgment through the end of that rental period (NMSA 47-8-47(A)). The resident then has to keep paying monthly rent on time.
If a payment is missed, you may serve a new 3-day notice. If it is still unpaid, a hearing is held within 10 days after the court learns of it, and the court lifts the stay and issues the writ unless the resident shows a legal justification. An appeal from magistrate or Metro court is heard in district court.
Self-help, retaliation and the penalties after 2025
New Mexico bans lockouts, lock changes, blocked entrances, utility interference, removal of belongings and disabling appliances without a court order (NMSA 47-8-36). In Roser v. Hufstedler, 2023-NMCA-040, the Court of Appeals held that even a judgment and writ of restitution does not authorize an owner to have the water shut off.
A resident locked out or cut off can abate all rent for each affected day and recover damages. Since the 2025 amendment (Laws 2025, chapter 122), an owner who violates the self-help or retaliation sections is liable for twice the monthly rent under 47-8-48(C). Retaliation covers rent increases, cut services or possession cases brought within six months after protected acts such as code complaints, repair requests or rent abatement (47-8-39). It protects only residents who are in compliance with the rental agreement.
Federal rules that can change the timeline
If your building has a federally backed mortgage, such as a Fannie Mae, Freddie Mac or FHA-insured loan, or takes part in a covered federal housing program, the CARES Act notice rule may apply. Section 4024(c), codified at 15 U.S.C. 9058(c), bars a landlord of a covered property from requiring a tenant to leave until 30 days after a notice to vacate. The 120-day moratorium expired in 2020, but the 30-day text is still in the statute and courts have disagreed on whether it still applies. Serving 30 days at a covered building sidesteps the question.
Before a default judgment against a resident who does not appear, the Servicemembers Civil Relief Act requires an affidavit stating whether the resident is in military service (50 U.S.C. 3931). Check the Defense Department’s SCRA website and bring the result to court.
New Mexico eviction timeline at a glance
The table shows the shortest path the statute allows for a nonpayment case, counted from the rent due date as day 0.
| Step | Deadline | Rule |
|---|---|---|
| Serve 3-day notice of nonpayment | Day 1, after rent is unpaid when due | NMSA 47-8-33(D), 47-8-13 |
| Notice period ends | 3 days; extended past weekends and federal holidays | 47-8-33(D), (H) |
| File petition for restitution | Day after the third day (day 5) | Cheng v. Rabey, 2023-NMCA-013 |
| Serve summons | At least 7 days before trial | 47-8-43(A) |
| Trial | 7 to 10 days after service (day 12 at the earliest) | 47-8-43(A)(1) |
| Continuance | Up to 7 days for good cause | 47-8-43(B) |
| Writ of restitution executed | 3 to 7 days after judgment (day 15 at the earliest) | 47-8-46(A) |
| Resident’s appeal | Rent paid or escrowed within 5 days of notice of appeal to stay the writ | 47-8-47(A) |
Worked example: a nonpayment case in a 12-unit Albuquerque building
Assume a one-bedroom renting for $1,150 a month in a 12-unit building, a resident who simply stops paying, and $750 in attorney and service costs. Those are assumptions for illustration, not market data. At $1,150 a month, a day of lost rent is about $37.81.
On the fastest statutory path, the notice goes out on day 1, the petition is filed on day 5, the trial lands on day 12 and the sheriff restores possession on day 15. That is $567 in lost rent plus $750 in costs, or $1,317.
Add a single 7-day continuance and the writ moves to day 22. Lost rent becomes $832, and the total is $1,582. The table compares the two paths.
| Scenario | Days to possession | Lost rent | Total with $750 costs |
|---|---|---|---|
| Fastest statutory path | 15 | $567 | $1,317 |
| With a 7-day continuance | 22 | $832 | $1,582 |
Alternatives to a full eviction
A written payment plan works when the resident can catch up, and New Mexico’s 3-day rule lets you go back to court quickly if a plan fails, since a new default needs only a new 3-day notice. When the relationship is over, a cash-for-keys agreement can return the unit faster than the 15-day minimum and without the risk of a continuance or appeal. Put the move-out date, the unit’s condition and the payment in writing.
Selling a building with a pending New Mexico eviction
You can sell an occupied building in the middle of an eviction. The buyer takes the property subject to the leases and steps into your position as owner, and the buyer’s attorney can substitute in as plaintiff or refile on a fresh notice after closing.
Disclose every open case, notice and judgment in the purchase contract, and collect tenant estoppel certificates so the buyer can confirm rents, deposits and balances owed. A notice served by you may not carry over cleanly to a new owner, so agree in writing who will finish the case.
Selling your New Mexico apartment building to Skyline
Skyline Capital Investments buys apartment buildings with five or more units across New Mexico, including occupied buildings with problem residents or a case already on file. You don’t have to finish the eviction before you sell.
Send the address and unit count through the form on this page or call (469) 660-2977, and we typically respond within 48 hours.
