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In New Mexico, evictions are regulated by state statutes. To evict a tenant, a landlord must first terminate the tenancy with a notice, and then eviction lawsuit against the tenant and win the lawsuit.
It does not matter whether a tenant has a written lease, or is a month-to-month tenant. They all receive a specific notice depending on their tenancy which could either be a 7-Day Notice to Quit or a 30-Day Notice to Quit. See N.M. Stat. Ann.
To evict a tenant, the landlord must file a court case, go to a hearing and get an order from the judge ordering the tenant to be evicted. The judge must offer the tenant and landlord the opportunity to mediate the case in the Eviction Prevention and Diversion Program.
If there is no tenancy agreement, a tenant cannot be given a section 21 notice for eviction. Instead, a landlord must use a section 8 notice (with a ground for eviction). To be able to evict a tenant in the absence of a written tenancy agreement, a landlord will need to apply to the courts for a possession order.
Before starting an eviction process in New Mexico, the landlord must give the tenant a 3-Day Notice to Pay. This means a tenant has three days to pay rent. If they are unable to pay rent by the end of the three days, the landlord may proceed with the eviction process.