New Mexico's eviction procedure is consistent statewide but court selection (metropolitan vs. magistrate) varies by county.
New Mexico's eviction process is governed by the New Mexico Uniform Owner-Resident Relations Act (NMSA 47-8-1 et seq.). Cases are filed in metropolitan court (Bernalillo County) or magistrate court (other counties). New Mexico is moderately balanced with reasonable timelines and meaningful tenant defenses. Uncontested cases typically conclude within four to six weeks of filing.
Eviction cases are filed in the appropriate court for the property's location — metropolitan court in Bernalillo County (Albuquerque) and magistrate court elsewhere. The procedure is consistent statewide but local court practices and scheduling vary.
For non-payment of rent, New Mexico requires a 3-day written notice to pay or vacate (NMSA 47-8-33). The notice must state the amount owed and inform the tenant of the right to cure within three days.
For material lease violations, New Mexico requires a 7-day notice to cure or quit. For substantial breaches involving illegal activity, threats of harm, or substantial damage to property, immediate termination may be available.
For month-to-month tenancies without cause, New Mexico requires 30 days written notice. Deliver notices by personal service, posting and mailing, or certified mail. Document delivery thoroughly.
After the notice period expires, file a petition for restitution in the appropriate court. Filing fees in New Mexico are typically $50 to $100. Service is performed by the sheriff or a constable.
The hearing is typically scheduled within 7 to 14 days of filing. The tenant must appear at the hearing — failure to appear can result in default judgment.
New Mexico court hearings in eviction cases are conducted efficiently. Bring your lease, the notice you served, proof of service, your rent ledger, and any documentation. The judge will hear both sides and typically issue a ruling at the hearing.
If you prevail, the writ of restitution is issued. Tenants can appeal to district court but must post bond.
Bernalillo County, anchored by Albuquerque, is New Mexico's most populous county and the state's primary rental market. Bernalillo County eviction filings go to the Bernalillo County Metropolitan Court at the downtown Albuquerque courthouse. Albuquerque has a steady rental market with consistent eviction case activity.
Doña Ana County, in the south-central part of the state, includes Las Cruces and is home to New Mexico State University. The student rental market plus general residential rentals create substantial case activity. Doña Ana County filings go to the Doña Ana County Magistrate Court. For detailed landlord-tenant law specific to each county — including court selection, local procedures, and filing details — see Bernalillo County landlord-tenant law and Doña Ana County landlord-tenant law.
New Mexico's eviction procedure is consistent statewide but court selection (metropolitan vs. magistrate) and local practices vary. The 3-day notice for non-payment moves cases efficiently. See the full New Mexico landlord-tenant law guide for notice templates, security deposit rules, and county-specific information across all 33 New Mexico counties.
Once the writ of restitution is issued, the sheriff executes the writ. Execution typically occurs within 7 to 14 days. Be present with a locksmith.
New Mexico law provides procedures for handling tenant property left behind. Provide notice and reasonable opportunity for retrieval before disposal.