Posted in Blog  
  on Dec 29, 2015

What Is the Eviction Process in New Mexico

The eviction process in New Mexico is a series of written notices and legal summons which help landlords be able to reclaim their property from tenants who are out of compliance with a lease or rental agreement.

Most evictions involve the non-payment of rent, but any violation of a lease can potentially result in this happening.

Here are the steps that must be taken.

1. A Proper Notice Must Be Given To The Tenant.

Tenants who have failed to pay their rent or are engaged in criminal activities in New Mexico can be given a 3 Day Notice to Pay or Quit.

This gives them 72 hours to pay their overdue rent. If they do, then the eviction process stops.

Other violations require a 7 Day Notice.

Landlords can also terminate a lease with a 30 Day Notice if the tenant is holding over from an expired lease.

2. File a Petition In Court.

If the notice is not cured by the tenant, then the landlord must go to their local court and file a petition for the eviction.

New Mexico allows for the petition to include restitution as part of the hearing.

This allows a judge to consider a financial judgment in addition to the merits of the eviction case.

3. A Trial Is Then Held.

Tenants are allowed to answer a landlord's petition and file a counterclaim if they wish. A trial is then held.

If both parties attend, then the judge will hear the case and award a judgment.

Landlords who win will typically see the judge issue an order that gives the tenant 3-7 days to vacate the premises.

Tenants who win are allowed to remain on the property.

4. What Happens If a Tenant Doesn't Leave?

If a tenant doesn't leave after being order by the court to do so, then a Writ of Restitution may be requested.

This permits the Sheriff's Office to forcibly remove the tenant from the property so the landlord can reclaim it.

The eviction process in New Mexico moves rather quickly, especially in non-payment of rent circumstances.

It typically takes 3-4 weeks to complete.

Is is necessary to follow these steps and appear before the judge for this to happen.

Not doing so risks a default judgment in favor of the tenant, forcing the eviction process to restart.


Related

The Landlord Tenant Board: What it is and When it is Needed

Many times, there are issues between a landlord and a tenant that need to be resolved but are failed to do so, because both parties have gone too far with their actions, and have retaliated in the... More


How to Write an Eviction Notice

When it comes to a landlord wanting to evict their tenant, there are specific steps that need to be followed before the process of eviction can start. It is not anymore that the landlord can simply... More


How to Create a Residential Lease Agreement

Where there is a landlord, there will also be a tenant, and it is no surprise that these two parties can only work together once there is some sort of agreement, contract or a binding deal in place.... More


The Best Sites for Rental and Lease Agreement Templates

Many landlords find it difficult to write and draft a lease agreement. Since every State has its own general template, it can also be difficult to make sure your lease agreement meets all the criteria... More


What is the Eviction Process for a Landlord

When it comes to evicting a rowdy tenant from your apartment, it can be a little overwhelming, because you know that there is legal recourse and you cannot just boot out your tenant. There is a... More


5 Landlord Forms that Every Landlord Should Have

When it comes to being a landlord, one should know that it is not for the unprepared individual. This should be clear that being a landlord does not simply mean that you will be taking the rent and... More


Landlord Obligations: The Responsibilities of a Landlord

Becoming a landlord is a major deal and no one can simply get up and think, “well, yes I think I should be a landlord and rent out my flat.” If you are thinking that you would like to be a landlord,... More


The Best Landlord Associations for Landlords to Join

If you’re a landlord and want to manage your business in a better way, you should endeavor to get in touch with those industry experts who have the experience and the skills to help you do it. This is... More


The Best Landlord Forums

Landlords and aspiring landlords, do not become as such, without guidance and advice. There is a lot that goes into being a landlord nowadays; in fact, there is so much to learn that it often confuses... More


When to Use a 3 Day or 30 day Eviction Notice

When it comes to having rowdy, rude and unbearable tenants, there is nothing more a landlord can do than evict them. Fortunately, in some States there is also the ruling that allows the landlord to... More