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New Mexico Eviction Process Timeline Steps of the Eviction ProcessAverage TimelineIssuing an Official Notice3-30 daysIssuance and Service7-10 days before the hearingCourt Hearing and Judgment7-10 days after serviceIssuance of Writ of RestitutionA few hours to a few days1 more row ?
The New Mexico eviction notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property and tenant. It must also clearly explain the reason the landlord wishes to terminate the lease and how long the resident has to comply with the notice.
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 you rent on a month-to-month basis, you must give the landlord 30 days' notice when you plan to move.
Tenants can use the New Mexico Tenant Notice to Vacate Form to inform landlords and property managers of their intention to vacate the rental property at least 30 days before they intend to move out, or longer if required by the terms of their New Mexico Lease Agreement.
The Lease Agreement has an Early Termination Clause One is to provide proper written notice. It requires that the tenant serve the landlord a 30 days notice before terminating their lease. The other condition involves payment of a fee, usually the equivalent of 2 months' rent.
Comply With the Eviction Notice, If Possible If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in New Mexico, the landlord must not proceed with the eviction (see N.M. Stat. Ann. § 47-8-33).
If the residency is month-to-month, the thirty (30) day notice must be given at least thirty (30) days before the periodic rental date; for example, if the rent is due on the 1st, the notice must be given at least thirty (30) days before the 1st.