New Mexico Eviction Laws: 2025 Step by Step Process & Costs

You're a landlord in New Mexico. Rent is late. That "nice" tenant is ghosting you. Your blood pressure is rising with each passing day. You Google "eviction process," and you get a bunch of polite, generic advice that feels useless.

Cut the crap. Let's talk reality.

I've stood in a Santa Fe courtroom and watched a landlord lose his case because he used the wrong color ink on the notice. I'm not kidding. The system is a minefield of petty technicalities designed to protect tenants. Your only way through is with absolute precision and zero emotion.

This is the no-bullshit guide I wish I'd had.

Step 1: Know Your "Why" (The Only 5 That Count)

You can't evict because you don't like them. You need a reason the New Mexico Residential Landlord and Tenant Act cares about:

1. Non-Payment of Rent (The most common. Use this.)
2. Lease Violation (Specific, written clause broken. Not "vibes.")
3. Property Damage (Beyond normal wear and tear. Holes, not scuffs.)
4. Illegal Activity (Drugs, crime. Fast track if you have proof.)
5. Holdover (Lease ended. They won't leave.)

Crucial: For #2 and #3, you usually must give them a chance to fix it first. Skip this "cure" period, and the judge will throw your case out.

Step 2: The Notice – Your First Legal Shot (Don't Miss)

This is where 80% of landlords fail. They send a text. An email. A handwritten note. All useless.

You must serve the OFFICIAL written notice. Period.

• For Late Rent: 3-Day Notice to Pay or Quit.
  Must state the exact amount owed. If they pay any of it within 3 days, you likely have to accept it and start over.
• For Lease Breaches: 7-Day Notice to Cure or Quit.
  Must describe the violation with painful specificity. "Unauthorized dog (black lab, name 'Bear')" not "has a pet."
• For the Bad Stuff: 7-Day Unconditional Quit.
  Illegal activity, massive damage. No second chances. Don't use this for petty stuff.

How to Serve It (This is Law, Not Suggestion):

• Best: Pay a process server ($50-$100). They give you a notarized proof. This is gold.
• Good: Certified Mail (with the green return receipt) AND regular mail.
• Proof: Take photos. Keep every receipt. If you can't prove delivery, you lose.

Step 3: The Court Grind (Where Patience Dies)

Day 4/8: They didn't pay/fix/leave. Go to the county courthouse. File a "Forcible Entry and Detainer" lawsuit. Pay $70-$200.

Then you wait. The court will schedule a hearing in 2-4 weeks. The sheriff serves the tenant.

The Hearing (5 Minutes of Truth):
Bring your file: Lease. Notice. Proof of Service. Evidence (ledger, photos).
The judge will check for technical perfection. If your paperwork is clean, you get a Judgment for Possession.

The tenant then has 72 hours to leave or appeal.

Step 4: The Lockout (Do NOT Touch Anything)

If they're still there after the judgment, you go back to court for a "Writ of Restitution." You give this to the sheriff.

THE SHERIFF REMOVES THEM. NOT YOU.

Changing locks, throwing their stuff out, or shutting off utilities is an illegal "self-help" eviction. You will be sued. You will lose. You will pay them.

The Real Cost (They Don't Put This in Brochures)

For Tenants: An eviction on your record is a 7-year scarlet letter. Getting another decent rental will be next to impossible.

How to Not End Up Here

Landlords:

1. SCREEN. EVERY. SINGLE. TENANT. Credit, criminal, eviction history.
2. Use a bulletproof lease.
3. Enforce policies on Day 1. Sentimentality has no place here.
4. Document everything. Texts, emails, photos.

Tenants:

1. Pay your rent. On time. It's your #1 job.
2. Get promises in writing. "Per our call, you'll fix the heater by Friday."
3. If you get a notice, DO NOT IGNORE IT. It gets worse.
4. Know your rights (habitable home, proper notice).

Bottom Line

Eviction in New Mexico isn't about justice. It's about procedure. Your feelings don't matter. Your perfect, timestamped paperwork does. The system is slow, expensive, and unforgiving of mistakes.

Your only leverage is flawless execution.

Want to take the guesswork out of notices, deadlines, and legal filings? This is why Hemlane's Eviction Services exist—to give landlords the correct tools and guidance so you can focus on your property, not the law library.

Need the Official Stuff?

• NM Courts Forms: https://www.nmcourts.gov/forms.aspx
• NM Landlord/Tenant Act: https://law.justia.com/codes/new-mexico/2021/chapter-47/article-8/

Disclaimer: I'm a landlord sharing hard-won experience, not your lawyer. Laws change. Counties have local rules. For an actual eviction, hire a New Mexico landlord-tenant attorney. The consultation is cheaper than a dismissed case.