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

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: 5/20/2021

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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.

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