Being Evicted
Section 47-8-33 — three days' notice for unpaid rent, seven to cure another breach
| Ground | Notice the owner gives |
|---|---|
| GroundRent unpaid when due | Notice the owner givesThree days to pay; paying the full amount as the notice states before it runs bars an action for nonpayment |
| GroundA first material breach of the rental agreement | Notice the owner givesTermination no sooner than seven days after receipt, if not remedied in seven days |
| GroundA second material breach within six months of the first | Notice the owner givesTermination no sooner than seven days after receipt |
| GroundA substantial violation the resident knowingly commits or allows | Notice the owner givesTermination no sooner than three days after receipt |
Who handles this in New Mexico: New Mexico Legal Aid, statewide intake and New Mexico Legal Aid; and legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.Holding a paper like this? Read my paper can read one for you, free with an account.
When the owner wins a petition for restitution, the court issues a writ directing the sheriff to restore possession to the owner on a date three to seven days after judgment.
Domestic violence as a defense. In an action over a substantial violation, being a victim of domestic violence is a defense, and if the resident has filed for or secured a temporary domestic violence restraining order from the incident, or an earlier one, the writ does not issue. It is also a defense that the resident did not know of and could not have prevented another person's violation.
An owner whose action over a substantial violation is found frivolous or in bad faith is subject to a civil penalty of two times the monthly rent, plus damages and costs.
Sources for this section (3)
- NMSA 1978, § 47-8-33 — Breach of agreement by resident and relief by owner
- NMSA 1978, § 47-8-46 — Writ of restitution
- NMSA 1978, § 47-8-40 — Action for possession by owner
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.