New Mexico eviction notice and late fee rules

Notice for unpaid rent

3 days — If rent is unpaid when due and the resident fails to pay within three days after written notice of nonpayment and the owner's intention to terminate, the owner may terminate the rental agreement.

Ending a month-to-month tenancy

Either party may end a month-to-month residency by written notice given at least thirty days before the periodic rental date specified in the notice.

Late-fee limit

If the rental agreement provides for a late fee, the owner may charge a late fee not to exceed five percent of the rent for each rental period the resident is in default; late fees are calculated only on rent, not deposits, additional fees or utilities.

Grace period before a late fee

None found in the statutes we read

Notice for unpaid rent

If rent is unpaid when due and the resident fails to pay within three days after written notice of nonpayment and the owner's intention to terminate, the owner may terminate the rental agreement.

“D. If rent is unpaid when due and the resident fails to pay rent within three days after written notice from the owner of nonpayment and his intention to terminate the rental agreement, the owner may terminate the rental agreement and the resident shall immediately deliver possession of the dwelling unit; provided that tender of the full amount due, in the manner stated in the notice, prior to the expiration of the three-day notice shall bar any action for nonpayment of rent.”
NMSA 1978, § 47-8-33(D)

Recent changes to the law

A 2025 amendment, effective June 20, 2025, reduced the maximum late fee an owner may charge and provided that late fees can be calculated only based on rent.

“The 2025 amendment, effective June 20, 2025, reduced the maximum amount that an owner may charge a resident for a late fee, and provided that late fees can be calculated only based on rent;”
NMSA 1978, § 47-8-15 annotation

Paying to stop an eviction

Tender of the full amount due, in the manner stated in the notice, before the three-day notice expires bars any action for nonpayment of rent.

“provided that tender of the full amount due, in the manner stated in the notice, prior to the expiration of the three-day notice shall bar any action for nonpayment of rent.”
NMSA 1978, § 47-8-33(D)

In the disputed-amount cases described in § 47-8-33(E), if the resident satisfies the judgment within three days the writ is dismissed; otherwise the owner may execute the writ without further court order.

“If the resident has satisfied the judgment within three days, the writ shall be dismissed. If the resident has not satisfied the judgment within three days, the owner may execute upon the writ without further order of the court.”
NMSA 1978, § 47-8-33(E)

When the last day to remedy a breach under a required written notice falls on a weekend or federal holiday, the period is extended to the next day that is not a weekend or federal holiday.

“H. When the last day for remedying any breach pursuant to written notice required under the Uniform Owner-Resident Relations Act occurs on a weekend or federal holiday, the period to remedy shall be extended until the next day that is not a weekend or federal holiday.”
NMSA 1978, § 47-8-33(H)

Notice for other lease violations

For an initial material noncompliance, the owner must deliver a written notice specifying the breach (dates and specific facts) and stating that the agreement will terminate on a date not less than seven days after receipt if the breach is not remedied in seven days.

“the owner shall deliver a written notice to the resident specifying the acts and omissions constituting the breach, including the dates and specific facts describing the nature of the alleged breach, and stating that the rental agreement will terminate upon a date not less than seven days after receipt of the notice if the breach is not remedied in seven days.”
NMSA 1978, § 47-8-33(A)

For a second material noncompliance within six months of the initial breach, the owner's written notice must specify the breach with dates and specific facts and state that the agreement will terminate on a date not less than seven days after receipt.

“constituting the breach, including the dates and specific facts describing the nature of the alleged breach, and stating that the rental agreement shall terminate upon a date not less than seven days after receipt of the notice.”
NMSA 1978, § 47-8-33(B)

If the resident knowingly commits or consents to another person knowingly committing a substantial violation, the owner's written notice may terminate the agreement on a date not less than three days after receipt.

“I. If the resident knowingly commits or consents to another person in the dwelling unit or on the premises knowingly committing a substantial violation, the owner shall deliver a written notice to the resident specifying the time, place and nature of the act constituting the substantial violation and that the rental agreement will terminate upon a date not less than three days after receipt of the notice.”
NMSA 1978, § 47-8-33(I)

Ending a month-to-month or other periodic tenancy

Either party may end a week-to-week residency by written notice given at least seven days before the termination date in the notice.

“A. The owner or the resident may terminate a week-to-week residency by a written notice given to the other at least seven days prior to the termination date specified in the notice.”
NMSA 1978, § 47-8-37(A)

Either party may end a month-to-month residency by written notice given at least thirty days before the periodic rental date specified in the notice.

“B. The owner or the resident may terminate a month-to-month residency by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.”
NMSA 1978, § 47-8-37(B)

Lockouts and utility shutoffs

An owner (or someone acting for the owner) may not knowingly exclude, remove, or threaten or attempt to remove a resident from the dwelling unit without a court order by the means listed in the statute.

“owner shall not knowingly exclude the resident, remove, threaten or attempt to remove or dispossess a resident from the dwelling unit without a court order by:”
NMSA 1978, § 47-8-36(A)

An owner who violates § 47-8-36 or § 47-8-39 is liable for two times the amount of the monthly rent.

“C. An owner who violates a provision of Section 47-8-36 or 47-8-39 NMSA 1978 shall be liable for two times the amount of the monthly rent.”
NMSA 1978, § 47-8-48(C)

If an owner commits an unlawful removal or service interruption, the resident may abate one hundred percent of the rent for each day of denied possession or service interruption.

“abate one hundred percent of the rent for each day in which the resident is denied possession of the premises for any portion of the day or each day where the owner caused termination or diminishment of any service for any portion of the day;”
NMSA 1978, § 47-8-36(C)(1)

Retaliation

An owner may not retaliate against a resident who is in compliance with the rental agreement by increasing rent, decreasing services, or bringing or threatening an action for possession because, within the previous six months, the resident engaged in an activity listed in the statute.

“rental agreement and not otherwise in violation of any provision of the Uniform OwnerResident Relations Act by increasing rent, decreasing services or by bringing or threatening to bring an action for possession because the resident has within the previous six months:”
NMSA 1978, § 47-8-39(A)

Retaliation entitles the resident to the remedies in § 47-8-48 and is a defense in any action for possession.

“B. If the owner acts in violation of Subsection A of this section, the resident is entitled to the remedies provided in Section 47-8-48 NMSA 1978 and the violation shall be a defense in any action against him for possession.”
NMSA 1978, § 47-8-39(B)

What the notice must say and how it is delivered

A nonpayment notice is effective only when hand delivered or mailed to the resident or posted on an exterior door of the unit; other required written notices that are posted must also be mailed first class or hand delivered. The posting date must be in the notice and is its effective date.

“D. Notwithstanding any other provisions of this section, notice to a resident for nonpayment of rent shall be effective only when hand delivered or mailed to the resident or posted on an exterior door of the dwelling unit. In all other cases where written notice to the resident is required, even if there is a notice by posting, there must also be a mailing of the notice by first class mail or hand delivery of the notice to the resident. The date of a posting shall be included in any notice posted, mailed or hand delivered, and shall constitute the effective date of the notice.”
NMSA 1978, § 47-8-13(D)

Court deadlines and the eviction case

Trial of an owner's action for possession is set not less than seven or more than ten days after service of the summons.

“(1) for any matter brought by the owner for possession, not less than seven or more than ten days after the service of summons; or”
NMSA 1978, § 47-8-43

After judgment for the owner, the writ of restitution directs the sheriff to restore possession on a date not less than three nor more than seven days after entry of judgment.

“issue a writ of restitution directing the sheriff to restore possession of the premises to the plaintiff on a specified date not less than three nor more than seven days after entry of judgment.”
NMSA 1978, § 47-8-46(A)

Late fees and grace periods

If the rental agreement provides for a late fee, the owner may charge a late fee not to exceed five percent of the rent for each rental period the resident is in default; late fees are calculated only on rent, not deposits, additional fees or utilities.

“D. If the rental agreement provides for the charging of a late fee and if the resident does not pay rent in accordance with the rental agreement, the owner may charge the resident a late fee in an amount not to exceed five percent of the rent for each rental period that the resident is in default. Late fees shall be calculated only based on rent. Rent calculations to determine late fees shall not include deposits, additional fees or utilities.”
NMSA 1978, § 47-8-15(D) (as amended by Laws 2025, ch. 122, § 6)

To assess a late fee, the owner must give notice of the late fee charged no later than the last day of the rental period immediately following the period of default.

“To assess a late fee, the owner shall provide notice of the late fee charged no later than the last day of the next rental period immediately following the period in which the default occurred.”
NMSA 1978, § 47-8-15(D)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the New Mexico rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in New Mexico have to give for unpaid rent?

If rent is unpaid when due and the resident fails to pay within three days after written notice of nonpayment and the owner's intention to terminate, the owner may terminate the rental agreement. (NMSA 1978, § 47-8-33(D)).

How much notice is needed to end a month-to-month tenancy in New Mexico?

Either party may end a month-to-month residency by written notice given at least thirty days before the periodic rental date specified in the notice. (NMSA 1978, § 47-8-37(B)).

Is there a limit on rent late fees in New Mexico?

If the rental agreement provides for a late fee, the owner may charge a late fee not to exceed five percent of the rent for each rental period the resident is in default; late fees are calculated only on rent, not deposits, additional fees or utilities. (NMSA 1978, § 47-8-15(D) (as amended by Laws 2025, ch. 122, § 6)).