Renting in New Mexico
Your rights as a tenant in New Mexico
In New Mexico, if you fall behind on rent, the notice is 3 days. What state law says about your deposit, the notices you must get, repairs and eviction. Every rule comes with its citation and the text of the law.
Key numbers in New Mexico
- Notice for late rent
- 3 days
- NMSA 1978, §47-8-33(D)
- Month-to-month notice
- 30 days
- NMSA 1978, §47-8-37(A)-(B)
What the law says
The rules, one by one
The basic rules for renting in New Mexico, answered with state law and its citation.
Tap “What the law says” to read the exact text and see where it comes from.
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If I fall behind on rent, what notice must I get?
3 days
If you owe rent, the landlord must serve a written 3-day notice to pay. If you do not pay the rent (and any late charges the lease provides) within 3 days of delivery, the landlord may end the agreement and file a petition for restitution to evict you.
What the law says · NMSA 1978, §47-8-33(D)
“A Three-Day Notice of Nonpayment of Rent, which gives the Tenant three (3) days to pay Rent from the date of delivery of the Three-Day Notice of Nonpayment of Rent on the Tenant. If the Tenant does not pay the Rent (including late charges if provided for in the Lease or Rental Agreement) within three (3) days of receiving the Three-Day Notice of Nonpayment of Rent, the the Landlord may terminate the Lease or Rental Agreement and file a Petition by Owner for Restitution to evict the Tenant.”
Source: New Mexico Judiciary ("Owner-Resident Relations" pamphlet) · Verified on October 23, 2026
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How much notice ends a month-to-month rental?
30 days
To end a month-to-month tenancy, the written notice of termination must be given at least 30 days before the next rental period named in the notice begins.
What the law says · NMSA 1978, §47-8-37(A)-(B)
“A Thirty-Day Notice to Terminate Rental Agreement, where the Landlord tells the Tenant that the Lease is ending and that the Tenant must move out by a specific date (This type of notice must be given at least thirty (30) days before the Tenant's next rental period listed in the Thirty-Day Notice to Terminate Rental Agreement begins to terminate a month-to-month residency.).”
Source: New Mexico Judiciary ("Owner-Resident Relations" pamphlet) · Verified on October 23, 2026
Protections
Protections the law gives you
We show only what state law says, with its citation. Your city may give you more protections.
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Only a court order can remove you
Yes: state law says so
You cannot be evicted without a court order. If the landlord locks you out, denies you access or disconnects utilities, you may file a Petition by Resident for Possession to get back in and claim damages; the trial is set 3 to 5 days after service.
What the law says · NMSA 1978, §47-8-36; §47-8-33
“For example, if a Tenant is illegally locked out of or denied access to the Residence, or if the utilities are wrongfully disconnected by the Landlord, then the Tenant may file a Petition by Resident for Possession claiming that he/she is entitled to damages due to the Landlord's wrongful actions and/or that Tenant be allowed to move back into the Residence.”
Eviction
How an eviction works in New Mexico
Step by step, with the time periods the law sets. No landlord can skip the court.
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Written 3-day notice for unpaid rent (7 days for another breach; 30 days to end month to month)
at least 3 days
What the law says · NMSA 1978, §47-8-33(D)
“A Three-Day Notice of Nonpayment of Rent, which gives the Tenant three (3) days to pay Rent from the date of delivery of the Three-Day Notice of Nonpayment of Rent on the Tenant.”
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Petition for restitution and summons, served 7 to 10 days before trial
7 to 10 days
What the law says · NMSA 1978, §47-8-43
“It is the Plaintiff's responsibility to have the Service Packet served on the Defendant not less than seven (7) or more than ten (10) days before the Trial/Court date in Petition by Owner for Restitution cases”
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Written answer by the date in the summons or the trial date, whichever is earlier (you may still defend at trial without one)
What the law says · NMSA 1978, §47-8-43
“The Defendant has until the deadline in the Summons to file a written Answer or the date of Trial, whichever is earlier. However, The Defendant may go to trial and give evidence of his/her defense to the Eviction, even if he/she has not filed an Answer to Petition for Restitution.”
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Judgment for restitution; the eviction date is set 3 to 7 days after trial
3 to 7 days
What the law says · NMSA 1978, §47-8-46
“If a Judgment for Restitution is entered in favor of the Landlord, the Judge will set an Eviction date. The Eviction date may be no less than three (3) days and no more than seven (7) days from the Trial/Court date, unless otherwise agreed upon by the parties.”
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If you do not leave by the set date, the clerk issues a writ of restitution and the sheriff carries out the eviction
What the law says · NMSA 1978, §47-8-46
“If the Tenant does not move out by the Eviction date set by the Judge, the Landlord may ask the Court Clerk to issue a Writ of Restitution ordering the Sheriff to remove the Tenant from the Residence. … Note that the Sheriff's Office is the only entity authorized by the Court to Evict a Tenant”
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Appeal to district court within 15 days of the judgment
up to 15 days
What the law says · NMSA 1978, §47-8-47
“If either party does not agree with the Judgment, that party may appeal the Judge's decision to the District Court of the county where the Residence is located within fifteen (15) days of the entry of the Judgment”
Free or low-cost legal help
If you get a notice or a court case, look for help early: the deadlines are short. These are official pages or pages the state courts link to.
Complaints to the New Mexico Human Rights Bureau: 300 days
The New Mexico Human Rights Act protects against discrimination in employment, public accommodations, housing and consumer credit applications. Federal and state laws protect, among others, race, color, national origin, ancestry, religion, sex, sexual orientation, gender, gender identity, age (40 or over), pregnancy or childbirth, physical and mental disability, serious medical condition and spousal affiliation. You start with an inquiry form (there is a Spanish version); the formal charge must be filed within 300 days of the most recent act.
New Mexico Department of Workforce Solutions, Human Rights BureauFrequently asked questions
What notice is required for late rent in New Mexico?
If you owe rent, the landlord must serve a written 3-day notice to pay. If you do not pay the rent (and any late charges the lease provides) within 3 days of delivery, the landlord may end the agreement and file a petition for restitution to evict you. (NMSA 1978, §47-8-33(D))
How much notice ends a month-to-month rental in New Mexico?
To end a month-to-month tenancy, the written notice of termination must be given at least 30 days before the next rental period named in the notice begins. (NMSA 1978, §47-8-37(A)-(B))
A summary of state law, not legal advice. Cities may have additional rules.
Pending
What is left to verify
We have not yet verified these New Mexico rules in the law with their citation, so we do not show them. If you need them today, ask for free legal aid.
- How much can they charge for a deposit? Not verified yet
- When must they return my deposit? Not verified yet
- Are there limits on late fees? Not verified yet
- How much notice before a rent increase? Not verified yet
- Protection from retaliation Not verified yet
- Protection related to immigration status Not verified yet
- Repair and deduct from the rent Not verified yet