New Mexico 3 Day Notice for Non-Payment of Rent

This 3 Day Notice is used when a tenant falls behind in rental payments, beyond any grace period if applicable.

Document Last Modified: 5/20/2021

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New Mexico 3 Day Notice for Nonpayment of Rent

If you are a landlord in New Mexico with a tenant who is behind on rent, you may serve them with a 3 Day Notice for Non-Payment of Rent. Once you have served this document to your tenants, they will legally have three business days to either pay the rent that they owe you, along with any applicable fees, or to vacate the premises. If they do not vacate the premises, you may then file a Petition by Owner for Restitution (PBOFR) with the State of New Mexico and begin the eviction process.

Who: Modify this New Mexico 3 Day Notice for Nonpayment of Rent to include all involved parties’ names and addresses, as well as the date you will be serving the notice and the amount owed. Then serve the notice to your delinquent tenant before you proceed with the eviction process.

What: This 3 Day Notice is a warning that gives your tenant the choice to either pay rent or to vacate the premises within three days before facing eviction. If payment is not received and the tenants does not leave within three days of receipt of the notice, you may begin the eviction process in New Mexico.

When: You may serve a New Mexico 3 Day Notice for Nonpayment of Rent whenever your tenant falls behind on rent and has exceeded any grace periods allowed in the lease or rental agreement. Before serving this notice, you may want to refer back to your rental agreement or lease to ensure that the grace period has indeed been exceeded.

Important Note: It is important to ensure that you serve this notice properly. When giving notice to your tenants, you may send it through the mail, deliver it in person, or post it on the front door. However, if you mail it you should add an additional three days for the notice to reach your tenants before you can continue with the eviction process.

To avoid legal ambiguities and other problems with lost mail, you may want to send the notice via certified mail, which requires a signed receipt upon delivery. For the best results, you may want to hand-deliver the notice and have your tenant sign a copy that you retain. If you are uncomfortable delivering the notice yourself, you may also have an independent third party deliver it and collect your tenant’s signature, as well.

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