New Mexico 3-Day Notice of Nonpayment of Rent
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New Mexico 3-Day Notice of Nonpayment of Rent
Last Updated: March 14, 2023.
About this Form Set
This form set includes a legally compliant 3-day notice that informs the tenant of the landlord's intention to terminate the lease if the tenant fails to pay the past due rent in full. It also includes a set of instructions.
The document set has been professionally created to comply with the requirements outlined in NMSA 47-8-33 and NMSA 47-8-13 within the Uniform Owner-Resident Relations Act. This notice serves as the first step in the eviction process and demands that the tenant pay the full amount of past due rent within three days, or face termination of the lease. The notice form is a standard, fillable PDF document that can be easily typed into and can be downloaded instantly after purchase.
About this Form Set
This form set includes a legally compliant 3-day notice that informs the tenant of the landlord's intention to terminate the lease if the tenant fails to pay the past due rent in full. It also includes a set of instructions.
The document set has been professionally created to comply with the requirements outlined in NMSA 47-8-33 and NMSA 47-8-13 within the Uniform Owner-Resident Relations Act. This notice serves as the first step in the eviction process and demands that the tenant pay the full amount of past due rent within three days, or face termination of the lease. The notice form is a standard, fillable PDF document that can be easily typed into and can be downloaded instantly after purchase.
Governing Law for Notice of Nonpayment of Rent
In New Mexico, landlords must provide tenants with a written notice of nonpayment of rent before initiating court proceedings to evict the tenant for the failure to pay rent. The governing law for notice of nonpayment of rent is NMSA 47-8-33 and NMSA 47-8-13.
Verify the Lease Does Not Afford the Tenant Additional Rights
Prior to delivering the notice to the tenant, landlords must first ensure that the terms of the lease agreement do not grant the tenant additional rights beyond the minimum requirements set by New Mexico law. The lease agreement may specify additional requirements for notice of nonpayment of rent, such as a longer notice period than the three (3) day minimum specified by New Mexico law. Landlords should review the lease agreement thoroughly to ensure compliance with all requirements for providing notice of nonpayment of rent to the tenant. Failure to comply with lease terms may result in the notice being invalidated and delay the eviction process.
Essential Elements of the Notice
According to NMSA 47-8-33, if a tenant fails to pay rent when due, the landlord may serve the tenant with a written notice of nonpayment of rent. Unless the lease agreement affords additional rights to the tenant, the notice must include:
Delivery of the Notice
The landlord must select a method of delivery that complies with NMSA 47-8-13-D. The landlord must choose from the following options:
Tenant Response and Landlord Action
If the tenant fails to pay the full amount of past due rent within three (3) days of receiving the notice, the landlord may terminate the rental agreement and begin court proceedings to evict the tenant. However, if the tenant pays the full amount of rent within the three (3) day period, the landlord must accept the payment and refrain from terminating the rental agreement.
In New Mexico, landlords must provide tenants with a written notice of nonpayment of rent before initiating court proceedings to evict the tenant for the failure to pay rent. The governing law for notice of nonpayment of rent is NMSA 47-8-33 and NMSA 47-8-13.
Verify the Lease Does Not Afford the Tenant Additional Rights
Prior to delivering the notice to the tenant, landlords must first ensure that the terms of the lease agreement do not grant the tenant additional rights beyond the minimum requirements set by New Mexico law. The lease agreement may specify additional requirements for notice of nonpayment of rent, such as a longer notice period than the three (3) day minimum specified by New Mexico law. Landlords should review the lease agreement thoroughly to ensure compliance with all requirements for providing notice of nonpayment of rent to the tenant. Failure to comply with lease terms may result in the notice being invalidated and delay the eviction process.
Essential Elements of the Notice
According to NMSA 47-8-33, if a tenant fails to pay rent when due, the landlord may serve the tenant with a written notice of nonpayment of rent. Unless the lease agreement affords additional rights to the tenant, the notice must include:
- A statement that the tenant has failed to pay rent when it was due;
- A statement of the landlord's intention to terminate the rental agreement unless the tenant pays the full amount of rent within three (3) days;
- A statement that if the tenant pays the full amount of rent within the three (3) day period, the landlord will not terminate the rental agreement;
- The date of the notice; and
- The signature of the landlord or the landlord's agent.
Delivery of the Notice
The landlord must select a method of delivery that complies with NMSA 47-8-13-D. The landlord must choose from the following options:
- Hand-Delivery. If the landlord chooses to hand-deliver the notice, the landlord or landlord's agent may personally deliver the notice to the tenant by handing it to the tenant. This method of delivery is effective immediately upon delivery.
- First-Class U.S. Mail. If the landlord chooses to mail the notice, the landlord must mail a copy of the notice to the tenant at the address of the rental property (unless the lease specifies a different address for the delivery of notices). The mailing must be by first-class mail and include the date of the notice.
- Tape to Exterior Door or Deposit in Mailbox. If the landlord chooses to post the notice on the exterior door of the dwelling unit, the landlord must affix the notice to the door by taping all sides or place the notice in a fixture or receptacle designed for notices or mail (such as a mailbox). In addition to posting the notice, however, either hand-delivery or mailing of the notice by first-class U.S. mail is still required.
Tenant Response and Landlord Action
If the tenant fails to pay the full amount of past due rent within three (3) days of receiving the notice, the landlord may terminate the rental agreement and begin court proceedings to evict the tenant. However, if the tenant pays the full amount of rent within the three (3) day period, the landlord must accept the payment and refrain from terminating the rental agreement.
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