If you have never had to evict a tenant before, it can seem like a complex process. Thankfully, New Mexico's eviction laws are clearly defined to help you evict a tenant legally and safely. These laws aim to govern and ensure the rights and responsibilities of tenants and landlords are protected at every step of the process.
In this latest guide, we explore the New Mexico eviction process, the regulations you need to follow as a landlord, important things you need to know, and the potential costs that might incur.
An Introduction to New Mexico Eviction Laws
Evicting a tenant in New Mexico requires following a strict set of guidelines governed by the New Mexico Uniform Owner-Resident Relations Act. This act outlines the rights and obligations of both landlords and tenants, and it is essential you understand the laws specified to ensure the eviction process is conducted legally and fairly.
Before the eviction process can begin, there has to be clear grounds for doing so. Some of the most common reasons include:
- Nonpayment of rent
This is one of the most frequent reasons for evicting a tenant. If a tenant fails to pay rent on time, the landlord can issue an eviction notice that requires them to pay or vacate the property. - Lease violations
For breaches of a rental agreement, such as having an unauthorized pet or regularly disturbing the neighbors, the tenant is usually given time to rectify the concerns or remedy the violation. - Illegal activity
Engaging in illegal activities on the premises, such as drug-related offenses, allows the landlord to serve an unconditional quit notice that requires the tenant to vacate the property without any chance of remedying the situation.
Related: Arizona Evictions | Laws and Protections
New Mexico Eviction Process: A Step-by-Step Guide
Landlord/tenant law in New Mexico has very clear guidelines on how to manage the eviction process, and here is a short step-by-step guide on what to expect.
Step 1: Identify legal grounds for eviction
New Mexico eviction laws state that landlords must have a valid and legal reason to evict a tenant. As mentioned above, this could be due to nonpayment of rent, a lease violation, illegal activity, or the expiration of an existing agreement without renewal.
Step 2: Serve an eviction notice
Once a violation has been identified, landlords will need to provide a written notice informing the tenant of the reasons and giving them a chance to rectify it or leave the premises. The type of notice will depend on the reason for eviction, for example:
- Nonpayment of rent typically gives the tenant three days to pay or vacate.
- If the tenant has violated the lease, the landlord may issue a 7-day notice to cure, or in other words, quit.
- For illegal activities, a 3-day unconditional quit notice, or for repeated violations, a 7-day unconditional quit notice.
Step 3: File an eviction lawsuit
If the tenant does not comply with the eviction notice, the landlord will be able to proceed with filing an eviction lawsuit. This is known as a forcible entry and detainer action and needs to be filed in a court where the rental property is located, and the landlord will need to submit the necessary documents and pay all associated fees.
Step 4: Court summons and eviction hearing
After the lawsuit has been filed, the court will issue a summons to the tenant notifying them of the date and time of the eviction hearing. Both the landlord and tenant will have the opportunity to present their evidence and arguments before a judge regarding the violation.
If the court rules in favor of the landlord, a judgment for possession is issued, which legally orders the tenant to vacate the rental unit.
Step 5: Writ of restitution and tenant removal
If the tenant still refuses to vacate the rental property after the court ruling, the landlord can request a Writ of Restitution from the court. This document authorizes law enforcement to physically remove the tenant from the premises,
Step 6: Recovering possession
Once the tenant has vacated, the landlord can regain possession of the rental property. New Mexico laws prohibit illegal evictions, meaning landlords are prevented from changing the locks, shutting off utilities, or removing the tenant’s belongings before the legal procedures have been completed.
What Are the Eviction Laws for Nonpayment of Rent in New Mexico?
In cases of nonpayment of rent, New Mexico law allows landlords to serve a 3-day notice to pay or vacate. This notice must be provided as a written notice and delivered to the tenant. It must also inform them of the rent due and offer them a chance to pay the outstanding amount.
Failure to comply within the three days will allow the landlord to begin filing an eviction lawsuit. Remember, landlords are not able to unlawfully remove any of the tenant's belongings or force a tenant eviction themselves even when the lawsuit has finished.
What are the eviction laws for college students in New Mexico?
Students renting off-campus housing in New Mexico are subject to the same landlord-tenant laws as any other tenant. This means their rights and responsibilities are governed by the same Act outlined earlier. Students living in on-campus dormitories or university housing may be subject to different policies that will be outlined by the school.
Related: Colorado Evictions | Laws and Protections
How long does the New Mexico eviction process take?
The New Mexico eviction process can take up to six weeks; however, the exact timeline will depend on a variety of factors, including the reason for eviction, court availability, and whether the tenant contests the eviction.
A typical eviction timeline will look something like the following:
Serving the eviction notice
The landlord must first serve the tenant with a written notice before filing an eviction lawsuit. For nonpayment of rent, illegal activities, or repeated violations, this is typically a 3-day notice. For initial violations, the notice will be a 7-day notice. If the tenant is in an end-of-year or month-to-month lease, it is required to provide a 30-day notice.
Filing an eviction lawsuit
If the tenant does not comply with the eviction notice, the landlord will need to file a forcible entry and detainer lawsuit in the appropriate court. Depending on the current scheduling and processing times, this can take three to five days.
Court summons and eviction hearing
After filing the lawsuit, the court will then schedule a hearing within ten days. If the tenant does not appear in court, the judge will likely rule in favor of the landlord.
Judgment and issuance of Writ of Restitution
If the court rules in favor of the landlord, it will issue a judgment for possession. The tenant will usually be given a few days to move out voluntarily, and if they refuse, law enforcement will be required to evict the tenant. This can take up to a further seven days.
The above timeline is just a guide though and the entire eviction process can take much longer if the tenant decides to fight the eviction or appeal the ruling.
What Additional Costs Can be Expected During the Eviction Process in New Mexico?
When undertaking an eviction process in New Mexico, landlords should be prepared to face several expenses. As with the timeline, the total costs will depend on a variety of factors, such as court fees, legal representation, and potential property damage.
- Court filing fees
The first costs you will face will be the court filing fees. The exact fee for this will depend on the county you are filing in and the type of eviction case you are filing.
- Process server or sheriff fees
Once the eviction notice expires, the landlord must serve the tenant with a court summons. This can be delivered personally, but many landlords prefer to hire a process server to successfully deliver the documents.
- Attorney fees
While landlords are not required to hire an attorney, legal representation may be necessary as courts can be complex proceedings. The total fees for attorneys will depend on how complex the dispute is.
- Writ of restitution fees
If the tenant refuses to vacate after the court ruling, the landlord will need to request and pay for a Writ of Restitution.
- Additional costs
It's important as a landlord to take into account not only any legal costs associated with an eviction, but also any additional costs related to the rental itself. One of the most significant financial burdens during an eviction process is having to cover for the unpaid rent missed by the tenant. Since an eviction can take several weeks, landlords may miss out on several weeks or months of rent payments.
On top of that, there is often property repairs and maintenance needs associated with a tenant needing to be evicted. This can mean broken or damaged property, deep cleaning the unit, or changing the locks before a new tenant can move in.
To help reduce the risk of these expenses, landlords should conduct a thorough tenant screening before signing any lease agreement. You should also ensure that the rental agreement includes clear terms and rent payment dates, while you should act quickly whenever a lease violation occurs.
Opting for mediation to help resolve disputes can help to prevent going to court, reducing the costs you face.
Related: Texas Eviction Laws Overview | Avoiding Legal Pitfalls
How to Prevent Evictions in New Mexico
Preventing an eviction in New Mexico is beneficial for both landlords and tenants, saving time, money, and stress. Effective property management strategies can help landlords to avoid lease violations, minimize the risk of unpaid rent, and prevent legal disputes.
Screen tenants
A strong tenant screening process is one of the best ways to prevent eviction issues before they arise. Landlords should check a tenant’s credit history, their eviction records, and rental history to assess their financial responsibility and whether they can afford the rent.
Create clear lease agreements
A well-drafted lease agreement should outline all rental property rules, including rent control, due dates, late fees, property maintenance responsibilities, and consequences for illegal activity. Having both parties review this and sign will help to avoid any misunderstandings.
Communicate openly
Maintaining good communication with tenants is critical in helping to prevent small issues from escalating. If a tenant is facing financial hardship, consider offering payment plans and discuss rent assistance options with them to help them rather than immediately jumping to an eviction.
Be consistent
To maintain order, it is essential that landlords are enforcing lease terms fairly and consistently. If a tenant violates their lease, then issuing a New Mexico eviction notice early can prompt them to correct the issue before legal action is taken.
Conduct regular inspections
Routine inspections help to identify maintenance issues and lease violations early. Make sure to visit and view the property every six months and liaise regularly with the tenant.
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Frequently Asked Questions
Can I evict a tenant in New Mexico for reasons other than nonpayment of rent?
Yes, tenants can be evicted for a variety of reasons in New Mexico, including lease violations, engaging in illegal activity, or property damage. A written notice is required to begin the eviction process.
What happens if a tenant doesn't attend their eviction hearing in New Mexico?
If a tenant misses the eviction hearing, the court will likely rule in favor of the landlord. The tenant will be ordered to vacate the property, and a Writ of Restitution may be issued for enforcement.
Can a landlord evict a tenant in New Mexico without notice?
No, New Mexico law requires landlords to provide a written eviction notice before starting legal proceedings. The length of notice depends on the reason for eviction, such as 3 days for nonpayment of rent or 30 days for month-to-month leases.
What tenant rights should I be aware of when evicting in New Mexico?
Tenants in New Mexico have the right to contest an eviction in court, request more time to move out, and appeal a judgment. They also cannot be evicted for retaliatory reasons, such as complaining about housing conditions or filing a discrimination claim.
How can a tenant challenge an eviction notice in New Mexico?
A tenant can challenge an eviction notice by appearing in court and presenting a defense, such as proving the rent was paid, the notice was improperly served, or the lease terms were violated. The judge will decide based on the evidence presented.
