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.
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