New Mexico Eviction Process 2026 — Step by Step

New Mexico's Uniform Owner-Resident Relations Act runs the playbook: 3-day pay-or-quit for non-pay, 7-day cure-or-quit for breach, petition for restitution in magistrate court, and a writ that the sheriff executes. Skip a step and you start over. Albuquerque, Santa Fe, and Las Cruces magistrates apply the rules strictly.

If you operate doors in Albuquerque, Santa Fe, Rio Rancho, or Las Cruces, the New Mexico eviction lane is well-defined but procedurally tight. The Uniform Owner-Resident Relations Act (UORRA) is New Mexico's adaptation of URLTA and governs almost every residential tenancy in the state. Here's the step-by-step for 2026.

The two notice types you actually use

Almost every New Mexico eviction starts with one of two notices. Pick the right one or your petition for restitution gets dismissed and you re-serve.

3-day notice to pay or quit (non-payment of rent). When rent is unpaid, you serve a 3-day written notice demanding either payment in full or vacancy. If the tenant pays within the 3 days, the tenancy continues and you cannot file. If they don't, you can file a petition for restitution of premises in magistrate court.

7-day notice to cure or quit (material lease violation). For a curable material breach — unauthorized occupants, pet violation, lease term breach — you serve a 7-day notice identifying the breach and giving the tenant 7 days to cure or vacate. If they cure within 7 days, the tenancy continues. If they don't, you file.

7-day unconditional notice (substantial or repeat violation). For substantial breaches that are not reasonably curable — destruction of property, repeated material breach of the same lease term within a 6-month window in some circumstances — UORRA allows a 7-day unconditional notice. The tenant must vacate within 7 days; there is no cure option.

Notice to terminate month-to-month. Either party can end a month-to-month tenancy with a written notice delivered at least 30 days before the next rent period. This is a tenancy-termination notice, not a default-based notice — if the tenant holds over, it becomes the basis for a petition for restitution as a holdover.

Notice content and service

A New Mexico notice that gets dismissed almost always fails on content or service.

Content checklist for any UORRA notice:

Tenant name(s) — every named tenant
Property address with unit number
The ground for the notice (non-pay, specific lease breach, end of month-to-month)
For non-pay: the exact dollar amount owed for rent (not late fees mixed in)
The cure period or termination deadline with a specific date
Date and signature of the landlord or authorized agent

Service methods. Personal delivery to the tenant, or delivery to a competent person residing in the unit and a copy mailed first class. Posting on the door with a mailed copy is also generally accepted when the tenant cannot be personally served.

Document the service. Date, time, method, who served. Photograph any posted notice. Keep the certified-mail green card if you mailed.

Counting days. The day of service is generally not counted; the cure period runs from the day after delivery. A 3-day notice served Monday gives the tenant through end of day Thursday to cure.

Filing the petition for restitution

When the cure period expires without compliance (or with a non-curable notice, immediately after the 7 days), you file a petition for restitution of premises in the magistrate court of the county where the property is located.

Where to file. The magistrate court for the county where the property sits. Albuquerque's Bernalillo County, Santa Fe County, Doña Ana County (Las Cruces), and Sandoval County (Rio Rancho) all have magistrate courts handling these.

What to file. A petition stating the parties, the lease, the ground for eviction, the notice served and date, and the relief requested (possession, back rent if non-pay, costs). Attach the lease and the notice with proof of service.

Filing fee. Set by the court; modest. The fee is recoverable as costs if you win.

Service of the petition. The petition and summons are served on the tenant by a process server or sheriff. The tenant has a short window to respond before the hearing.

The hearing

Magistrate court hearings on petitions for restitution are fast, often 5 to 15 minutes per case.

Scheduling. Hearings are typically scheduled within 7 to 15 days of filing depending on the magistrate's calendar. Albuquerque can run longer due to volume; smaller counties faster.

What to bring. The original notice with proof of service. The lease. A current ledger showing every payment, charge, and balance. Any written communication with the tenant about the default. Photographs if there's a habitability counterclaim risk.

Common tenant defenses.

Defective notice (wrong amount, no proof of service, wrong notice type)
Payment was made and not credited
Habitability counterclaim under UORRA's implied warranty
Retaliation — tenant complained to the city or asserted UORRA rights and you reacted
Accord and satisfaction — landlord accepted a partial payment without reserving rights

Judgment. The magistrate issues a judgment for possession (and any money damages requested) typically at or shortly after the hearing.

Writ of restitution and set-out

A judgment is not yet possession. You need the writ.

Writ of restitution. Apply to the magistrate court for the writ after the judgment. There is generally a short waiting period — UORRA gives the tenant a brief window (commonly a few days) to vacate voluntarily after judgment before the writ issues.

Sheriff execution. The writ goes to the county sheriff for execution. The sheriff schedules a set-out date and posts notice on the unit (typically 24–72 hours' notice depending on county practice). On set-out day, the sheriff meets you at the unit, supervises removal of the tenant if still present, and turns possession over.

Tenant belongings. New Mexico's rules for personal property left behind after a sheriff-supervised set-out include landlord obligations to store reasonably and provide notice before disposal in some circumstances. Confirm the current local rule and your sheriff's office practice before disposing of anything that looks remotely valuable.

Realistic timeline

Stage	Days from prior
Rent due, grace period ends	0–5
3-day pay-or-quit served	1–3
3-day cure period expires	3
Petition for restitution filed	1–5
Petition served on tenant	3–7
Hearing	7–15
Judgment for possession	same day
Writ of restitution issued	3–7
Sheriff set-out	5–14

A clean Albuquerque non-pay typically runs 25 to 50 days from missed rent to keys. Faster in smaller counties; slower if the tenant contests with a habitability counterclaim.

What about Albuquerque and Santa Fe local rules?

UORRA is statewide and governs the eviction process. Local overlays in New Mexico are lighter than in some states but worth knowing.

Source-of-income protection. Several New Mexico cities and counties have adopted or considered source-of-income protections (Section 8 voucher protection). Confirm the current rule for your jurisdiction; refusing a voucher tenant in a covered city is a fair-housing violation, not just bad practice.
Rental inspection programs. Albuquerque and some other municipalities operate rental inspection or registration programs. Failing inspection can lead to fines and, in some cases, block eviction filings until the property is brought into compliance.
Anti-retaliation enforcement. UORRA's retaliation protections are taken seriously by New Mexico magistrates. Document your business reason for any rent increase or non-renewal that follows a tenant complaint.

Common operator mistakes

Using the wrong notice type. Non-pay is 3 days; lease breach is 7 days with cure; substantial breach can be 7 days unconditional. Mix them up and the petition fails.
Demanding late fees in the 3-day notice. Keep the demand to unpaid rent. Late fees can be pursued in the money judgment but mixing them into the 3-day demand can sink the notice.
Self-help. Lockout, utility shutoff, or removing belongings before the sheriff executes the writ exposes you to UORRA damages including up to a defined statutory penalty and the tenant's attorney's fees.
Filing before the cure period runs. Count the day after service as day 1, file the day after the period expires.
Skipping the habitability cover. If the tenant has open repair requests, a non-pay defense often pivots to habitability. Have your maintenance log ready or expect a rent abatement.

FAQ

How long does a New Mexico eviction take in 2026? Plan for 25 to 50 days from missed rent to keys for a clean non-pay. Faster in smaller counties, slower in Bernalillo or with a contested defense.

Can a tenant pay the back rent during the 3-day notice and stay? Yes. Payment of the full demanded amount within the 3-day cure period reinstates the tenancy. After the 3 days expire and you file, the tenant generally loses the unilateral right to cure — but courts retain some discretion.

Does New Mexico have a right of redemption after judgment? No statewide right to redeem after the magistrate enters judgment for possession in a non-pay case. The tenant's window to cure is before the petition is filed (or, depending on circumstances, before the judgment is entered).

What's the penalty for a wrongful self-help lockout? Significant. UORRA allows the tenant to recover actual damages, statutory damages, and attorney's fees. The combined exposure typically dwarfs whatever the back rent was. Never lock out — always go through court.

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This isn't legal advice. Consult an attorney licensed in New Mexico for specifics in your county.