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New Mexico Updated 2026-05-19

New Mexico Eviction Laws — A Landlord's Guide (2026)

New Mexico's URORA codifies a URLTA-style framework statewide. 3-day pay-or-quit for non-payment, 7-day cure for material breach. Process moves quickly in magistrate court.

Statute: NMSA § 47-8 (Uniform Owner-Resident Relations Act)

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Non-payment notice

NMSA § 47-8-33 — 3-day written notice to pay or quit. The 3-day count begins the day after service.

Material breach

NMSA § 47-8-33(B) — 7-day notice with right to cure for material non-rent breaches. Substantially-similar repeat violations within 6 months may allow shorter or non-curable termination; verify under current text.

No-cause month-to-month

30 days written notice (NMSA § 47-8-37). Week-to-week tenancies require 7 days.

Court process

After notice expires, file a petition for restitution of premises in the magistrate court of the district. Tenant served, hearing typically held within 7–10 days. Writ of restitution issued and executed shortly after judgment in uncontested cases.

Self-help is prohibited

NMSA § 47-8-36 prohibits self-help evictions. Lockouts, utility shutoffs, or removal of belongings without a writ expose the landlord to actual damages plus statutory damages.

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Not legal advice. Proprietio is not a law firm and does not provide legal advice. The content on this page is informational and was researched from publicly available statutes and case law, but state and local landlord-tenant rules change frequently and vary by jurisdiction. For specific situations in New Mexico, consult a licensed attorney in your jurisdiction. Read full disclaimer.