New Mexico Eviction Notice Forms – PDF
Evictions in New Mexico are called Petitions for Restitution, and sometimes Unlawful Detainers. It is important to follow the process and follow and all eviction laws or else your case could be dismissed.
How to Evict a Tenant in New Mexico
To being any eviction in New Mexico, landlords must provide tenants with written notice. For serious criminal offenses and failure to pay rent, landlords must provide a three-day notice. Tenants can stop the eviction by paying the amount owed. For other types of lease violations, property owners must give the seven-day notice stating the specific violation and that the tenants may correct it within seven days. For month-to-month leases, or where there is no lease, owners must give tenants 30 days, but may evict for any reason.
- 2. Petition by Owner for Restitution
Next, if the tenant has not complied with the notice, the landlord may file a Petition for Restitution. This requires the owner to bring a copy of the lease, the notice, and a filing fee. The owner must then use the sheriff or a private process server to serve the Petition to the tenant. The hearing will be scheduled to occur around 10 days after the Petition is filed. The server must be sure to complete the Return of Service on the Summons and file this with the court.
The tenant must file an Answer before or on the hearing date, and may file a counterclaim with the answer.
As in other cases, the property owner must prove that the tenant has failed to pay rent or committed another violation, and the tenant may defend against these accusations. For example, the tenant can present receipts that show he or she paid the rent the owner claims the tenant owes, or the tenant can show that no violation of the lease occurred.
If the judge rules to evict the tenant, the move-out date will be from three to seven days after the ruling. If the tenant still has not moved by that date, the landlord can ask the court for a Writ of Restitution, which the landlord can file with the sheriff. The sheriff would then physically remove the tenant.
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