New Mexico 7 Day Notice to Vacate (2nd Violation)

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The 7 Day Notice to Vacate (2nd Violation) is for tenants who commit a violation more than 2 times within a 6 month period.

Document Last Modified: 7/13/2023

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New Mexico 7 Day Notice to Vacate (2nd Violation)

Giving notice to vacate is the first step in the eviction process in New Mexico. If a tenant has previously been served a 7 Day Notice to Comply within the past six consecutive months, you may serve them a 7 Day Notice to Vacate. This notice is designed to address non-compliance issues with the landlord’s rules and regulations or with the lease or rental agreement, but not with nonpayment problems. If a tenant falls behind on rent, a 3 Day Notice for Nonpayment may be served, and/or eviction proceedings may be filed.

Who: This notice should be served to any tenant who has committed a violation of the terms of your lease or rental agreement two or more times within a period of six months. If the previous notice has not been documented, then you will first have to serve them a 7 Day Notice to Comply.

What: The purpose of this document is to serve notification to the tenant that they have been in violation of the terms of their lease or rental agreement two or more times within a period of six months. It will clearly inform the tenant that failure to comply or vacate the premises within 7 days will result in eviction proceedings. This notification covers disorderly conduct, damage to the property, and other violations but does not include nonpayment of rent.

When: You can serve your tenant a 7 Day Notice to Vacate if you have previously served them at least one other notice of non-compliance within the past six months. You must serve it no less than seven days before you file for eviction in New Mexico. If the tenants have not complied or vacated within 7 days of receipt of this notice, you may begin eviction proceedings.

To serve the tenant properly, you may use regular or certified mail, or you may elect to deliver it in person or post it prominently on the front door of the house. However, if you serve your 7 Day Notice to Vacate via mail, you should allow three additional business days for the tenant to receive it. Most landlords find that delivering the notice in person and retaining a copy signed by the tenant is the most effective way to serve it. This may also be done by a third party representing you, as well.

Resources for New Mexico Landlords:

New Mexico Rental Forms and Templates

  • Rental Application: Our Free Rental Application makes it EZ for Landlords to start the screening process. It gathers important info from Applicants and gets the necessary authorizations to run important screening reports. For example, a credit report, criminal history background report, and eviction history report. Start screening or view sample reports here.
  • Move-In/Move-Out Walkthrough Checklist: This customizable checklist is the best way to document the condition of your rental property at move in and move out. If you collect a security deposit from Tenants, this form is a must!
  • Tenant Welcome Letter: Our Tenant welcome letter lets Landlords share important information with renters about their new home. This is a great way to establish good Landlord-Tenant communication from day 1!
  • Rent Ledger: It’s important for Landlords to keep good records. This ledger makes it EZ for Landlords to stay organized and have documentation of rent payments for all rental properties.
  • New Mexico 3-Day Notice for Nonpayment of Rent: This notice should be used if a Tenant is late on rent beyond any applicable grace period.
  • New Mexico 7-Day Notice to Comply (1st Violation): This notice is for Lease violations other than nonpayment of rent. It gives a Tenant 7 days to resolve the issue.
  • New Mexico 7-Day Notice to Vacate (2nd Violation): If a Tenant violates the Lease Agreement for reasons other than nonpayment of rent twice within six months, Landlords should use this notice.

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