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A New Mexico Notice to Quit (Non-Payment), also referred to as Form 4-901, is a document used to inform a tenant that their rent is past due. The notice gives the tenant two options; to pay rent in full within three (3) days or deliver possession of the dwelling.
Rental period. The agreement may be month-to-month or for a specific time period, such as one year. If you rent on a month-to-month basis, you must give the landlord 30 days' notice when you plan to move. Similarly, the landlord must give you 30 days' notice of a change in rent or conditions.
In most landlord-tenant clauses, the landlord has to provide a specific amount of notice before they enter the property. In the case of New Mexico, the landlord has to provide 24 hours' notice before they enter (Although the amount of notice may be increased by the landlord).
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).
The New Mexico Notice to Vacate Form must contain the date on which the Notice to Vacate is given, and the time frame in which the rental property should become vacant. Specific details must be clearly stated on the notice, so the other party has reasonable awareness about their responsibilities.
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.
New Mexico Eviction Time Estimates ActionDurationMaximum continuance7 daysIssuance of writ of restitutionA few hours to a few daysTime to quit after writ is posted3-7 daysTotal2-7 weeks3 more rows ?
By Type (3) 3-Day Notice to Quit (Non-Payment of Rent)? Also known as Form 4-901, is to be used to inform the tenant of his or her failure to pay the rent on time. The tenant will have three days to pay or move out before the landlord is allowed to seek legal action.