Eviction Notice and Petition for Restitution Package - New Mexico

EVICTION NOTICE AND PETITION FOR RESTITUTION PACKAGE — NEW MEXICO

TABLE OF CONTENTS

1. Pre-Filing Compliance Checklist
2. Document A — Three-Day Notice to Pay Rent or Quit
3. Document B — Seven-Day Notice of Noncompliance with Rental Agreement
4. Document C — Three-Day Notice of Substantial Violation (Unconditional Quit)
5. Document D — Certificate / Proof of Service of Notice
6. Document E — Petition by Owner for Restitution
7. Document F — Summons
8. Document G — Proposed Judgment of Restitution and Writ of Restitution
9. New Mexico Practice Notes
10. Sources and References

1. PRE-FILING COMPLIANCE CHECKLIST

☐ Confirm UORRA applies to this tenancy (residential; not exempt under NMSA § 47-8-9).
☐ Confirm written or oral rental agreement; obtain copy of lease.
☐ Confirm rent ledger; deduct any partial payments, security-deposit credits, and assistance.
☐ Confirm the correct notice period (3-day nonpayment / 7-day initial or repeat noncompliance / 3-day substantial violation).
☐ Confirm the notice was served in accordance with NMSA § 47-8-13: hand delivery or mail; for nonpayment, exterior-door posting is also effective; for other notices, posting must be paired with first-class mail or hand delivery.
☐ Confirm no protected status (Servicemembers Civil Relief Act; subsidized-housing termination requirements; declared emergency).
☐ Calendar the cure period; do not file petition before expiration.
☐ Prepare the Petition by Owner for Restitution (Form 4-904 NMRA) and have the court issue the Summons and Notice of Trial (Form 4-905 NMRA); check whether the court uses a current program-specific summons.

2. DOCUMENT A — THREE-DAY NOTICE TO PAY RENT OR QUIT

(NMSA § 47-8-33(D))

TO: [RESIDENT FULL NAME]
AND ALL OTHER OCCUPANTS OF: [________________________________]
[STREET ADDRESS, UNIT NUMBER]
[CITY], NEW MEXICO [ZIP CODE]

FROM: [OWNER / AGENT NAME]
[OWNER MAILING ADDRESS]
[CITY], NEW MEXICO [ZIP CODE]
Telephone: [____________]
Email: [____________]

DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that rent is past due and unpaid for the residential dwelling unit located at the address above. Pursuant to NMSA 1978, Section 47-8-33(D) and the rental agreement between the parties, you must pay the full amount of rent due, in good funds, within THREE (3) DAYS after service of this Notice, or quit and surrender possession of the premises.

Itemization of Rent and Charges Due

Cure Option

You may avoid termination of the rental agreement by paying the full amount listed above within three (3) days of service of this Notice. Payment must be made in the form of [CASH / MONEY ORDER / CASHIER'S CHECK / CERTIFIED FUNDS / ELECTRONIC PAYMENT] and delivered to:

[NAME]
[STREET ADDRESS]
[CITY], NEW MEXICO [ZIP CODE]
between the hours of [____] a.m. and [____] p.m., Monday through [____].

If you fail to pay the total amount due within three (3) days, the rental agreement will be terminated and the Owner will file a petition for restitution under NMSA §§ 47-8-40 and 47-8-42, seeking possession of the premises, all unpaid rent, late fees, court costs, and reasonable attorney's fees as permitted by law and the rental agreement.

Computation of Time

When the last day for payment falls on a Saturday, Sunday, or federal holiday, the cure period extends to the next day that is not a weekend or federal holiday (NMSA § 47-8-33(H)).

Federally covered dwelling: If this home is covered by 15 U.S.C. § 9058, this three-day rent demand alone does not require you to vacate. The Owner must give a separate notice to vacate allowing at least 30 days before requiring you to leave.

Owner / Authorized Agent: [________________________________]
Signature: _________________________________
Date: [__/__/____]

3. DOCUMENT B — SEVEN-DAY NOTICE OF NONCOMPLIANCE WITH RENTAL AGREEMENT

(NMSA § 47-8-33(A))

TO: [RESIDENT FULL NAME]
PREMISES: [________________________________]
DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that you are in noncompliance with the rental agreement and/or the Uniform Owner-Resident Relations Act in the following respect(s):

Description of Breach

[GUIDANCE: Identify specific lease section breached AND specific facts (date, time, conduct, witnesses). Be concrete; conclusory statements are insufficient.]

[____________________________________________________________]
[____________________________________________________________]
[____________________________________________________________]

Cure Required

Pursuant to NMSA 1978, Section 47-8-33(A), you have SEVEN (7) DAYS from service of this Notice within which to remedy the breach. If the breach is remedied within seven days, the rental agreement shall not terminate.

Specific Acts Required to Cure

☐ [____________________________________________]
☐ [____________________________________________]
☐ [____________________________________________]

Consequence of Failure to Cure

If you fail to remedy the breach within seven (7) days after service of this Notice, the rental agreement shall terminate on [__/__/____] and the Owner will file a petition for restitution under NMSA §§ 47-8-40 and 47-8-42.

Repeat Violation Warning

If you materially fail to comply with the rental agreement or any separate agreement a second time within six (6) months of this initial breach, the rental agreement will terminate upon notice as provided in NMSA § 47-8-33(B)-(C).

Timeliness of This Notice

This initial Notice is given within thirty (30) days of the breach or the Owner's knowledge of it, as required by NMSA § 47-8-33(C).

Owner / Authorized Agent: [________________________________]
Signature: _________________________________
Date: [__/__/____]

4. DOCUMENT C — THREE-DAY NOTICE OF SUBSTANTIAL VIOLATION (UNCONDITIONAL QUIT)

(NMSA §§ 47-8-3(V), 47-8-33(I))

TO: [RESIDENT FULL NAME]
PREMISES: [________________________________]
DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that the Owner is terminating the rental agreement on a date not less than three (3) days after the statutory effective date of this Notice, without opportunity to cure, on the grounds of a "substantial violation" as exclusively defined in NMSA 1978, Section 47-8-3(V).

Substantial Violation Alleged

Statutory scope. The listed conduct must violate the rental agreement or rules and regulations and occur in the dwelling unit, on the premises, or within 300 feet of the premises under § 47-8-3(V). If another person committed the act with Resident's consent, § 47-8-33(I) requires that person to have acted in the dwelling unit or on the premises. Identify the actor, knowledge or consent, and exact location below.

☐ Possession, use, sale, distribution, or manufacture of a controlled substance, excluding misdemeanor possession and use
☐ Unlawful use of a deadly weapon
☐ Unlawful action causing serious physical harm to another person
☐ Sexual assault or sexual molestation of another person
☐ Entry into another person's dwelling unit or vehicle without permission and with intent to commit theft or assault
☐ Theft or attempted theft by use or threatened use of force
☐ Intentional or reckless property damage exceeding $1,000

Facts Supporting the Substantial Violation

[Date, time, location, conduct, witnesses, police report number]
[____________________________________________________________]
[____________________________________________________________]

Demand for Possession

You are directed to vacate and surrender possession of the premises on or before [__/__/____] (not less than three days after the notice's statutory effective date). If you fail to do so, the Owner will file a petition for restitution under NMSA §§ 47-8-40 and 47-8-42.

Owner / Authorized Agent: [________________________________]
Signature: _________________________________
Date: [__/__/____]

5. DOCUMENT D — CERTIFICATE / PROOF OF SERVICE OF NOTICE

I, [NAME OF SERVER], certify under penalty of perjury under the laws of the State of New Mexico that on [__/__/____], at approximately [____] [a.m. / p.m.], I served the foregoing [check one]:

☐ Three-Day Notice to Pay Rent or Quit
☐ Seven-Day Notice of Noncompliance with Rental Agreement
☐ Three-Day Notice of Substantial Violation

upon [RESIDENT NAME], with respect to the premises located at [________________________________], in the following manner (NMSA § 47-8-13):

☐ Personal Delivery to the named resident.
☐ Mail to the resident at the designated place for receipt of communications or, if none, the resident's last known place of residence, mailed on [__/__/____].
☐ Exterior-Door Posting for Nonpayment Notice on [__/__/____], with the posting date stated in the notice and the notice taped on all sides or placed in a fixture or receptacle designed for notices or mail.
☐ Posting for Other Notice plus Required Follow-Up: Posted on an exterior door on [__/__/____] and also ☐ mailed by first-class mail ☐ hand delivered on [__/__/____].

Server's Name: [________________________________]
Capacity: ☐ Owner ☐ Agent ☐ Process Server (NM Reg. No. [____]) ☐ Other [______]
Signature: _________________________________
Date: [__/__/____]

6. DOCUMENT E — PETITION BY OWNER FOR RESTITUTION

STATE OF NEW MEXICO

COUNTY OF [____________]

[MAGISTRATE / METROPOLITAN] COURT

No. [________________________________]

PETITION BY OWNER FOR RESTITUTION

(UNIFORM OWNER-RESIDENT RELATIONS ACT, NMSA §§ 47-8-40 AND 47-8-42)

Petitioner, by and through [self / undersigned counsel], states the following for cause of action:

1. Petitioner is the owner / authorized agent of the residential rental property located at [STREET ADDRESS, UNIT], [CITY], [COUNTY] County, New Mexico [ZIP].

2. Respondent is in possession of the premises as a resident under a [☐ written ☐ oral] rental agreement entered into on or about [__/__/____], with monthly rent of $[__________] payable on the [____] day of each month.

3. This Court has jurisdiction and venue under NMSA § 35-3-3, § 34-8A-3, and § 47-8-40, because the premises are located in [____________] County, New Mexico.

4. Grounds for Restitution. (Check all that apply.)

☐ Nonpayment of rent. Respondent has failed to pay rent in the amount of $[__________] for the periods of [________________________________]. Petitioner served a three-day Notice to Pay Rent or Quit on [__/__/____], pursuant to NMSA § 47-8-33(D), and Respondent has failed to pay within the cure period. (See Exhibit A: Three-Day Notice and Proof of Service.)

☐ Noncompliance with rental agreement. Respondent has materially breached the rental agreement and/or the Act by [________________________________]. Petitioner served a seven-day Notice of Noncompliance on [__/__/____], pursuant to NMSA § 47-8-33(A), and Respondent has failed to cure within seven (7) days. (See Exhibit B.)

☐ Substantial violation. Respondent knowingly committed conduct within NMSA § 47-8-3(V), or consented to another person knowingly committing it in the dwelling unit or on the premises under § 47-8-33(I). Actor: [__________]. Exact location: [__________]. Specific conduct: [________________________________]. Petitioner served a three-day Notice under § 47-8-33(I) on [__/__/____]. (See Exhibit C.)

☐ Holdover after termination of fixed term / month-to-month termination (NMSA § 47-8-15 / § 47-8-37). Termination notice served on [__/__/____].

5. Respondent's continued possession of the premises is wrongful and unlawful.

6. As of the date of this Petition, the amounts due and owing are:

Additional rent continues to accrue at the daily rate of $[__________] until possession is restored.

PRAYER FOR RELIEF

WHEREFORE, Petitioner prays for judgment as follows:

A. Judgment of Restitution of the premises, awarding immediate possession to Petitioner;
B. Money judgment for unpaid rent, late fees, damages, court costs, and attorney's fees as set forth above;
C. Issuance of a Writ of Restitution directing the sheriff of [____________] County to restore possession of the premises to Petitioner on the date specified in the writ;
D. Rent that continues to accrue through the date of restitution at the daily rate of $[__________]; and
E. Such other relief as the Court deems just and proper.

I declare under penalty of perjury under the laws of the State of New Mexico that the foregoing is true and correct.

Dated: [__/__/____]

_________________________________
[PETITIONER NAME]
[ADDRESS]
[CITY], NEW MEXICO [ZIP]
Telephone: [____________]
Email: [____________]
Petitioner [☐ Pro Se] [☐ By Attorney]

[IF REPRESENTED]
_________________________________
[ATTORNEY NAME], NM Bar No. [____]
[FIRM]
[ADDRESS]
[CITY], NEW MEXICO [ZIP]
Telephone: [____________]
Attorney for Petitioner

VERIFICATION

I, [PETITIONER NAME], being duly sworn, depose and say that I have read the foregoing Petition; the facts stated therein are true to my own knowledge, except those stated upon information and belief, which I believe to be true.

_________________________________
[PETITIONER NAME]

Subscribed and sworn to before me this [____] day of [____________], 20[__].

_________________________________
Notary Public — State of New Mexico
My commission expires: [__/__/____]

7. DOCUMENT F — SUMMONS

STATE OF NEW MEXICO

COUNTY OF [____________]

[MAGISTRATE / METROPOLITAN] COURT

No. [________________________________]

SUMMONS (PETITION FOR RESTITUTION)

TO THE RESPONDENT: [RESIDENT NAME]

A civil action has been filed against you in the [Magistrate / Metropolitan] Court of [____________] County, New Mexico. You are hereby summoned to appear and respond to the attached Petition by Owner for Restitution at the time and place listed below.

HEARING DATE: [__/__/____]
TIME: [____] [a.m. / p.m.]
LOCATION: [COURT ADDRESS]
COURTROOM / JUDGE: [____________]

WARNING: Per NMSA § 47-8-43, a petition for restitution must be heard not less than seven (7) nor more than ten (10) days after service of the Summons (subject to court calendaring).

IF YOU FAIL TO APPEAR at the time and place stated, the Court may enter judgment by default against you for possession of the premises and any sums prayed for in the Petition.

You may file a written answer or otherwise respond before the hearing. You have the right to be represented by an attorney. Free or low-cost legal assistance may be available through New Mexico Legal Aid (1-833-LGL-HELP).

Issued: [__/__/____]

_________________________________
Clerk of the [Magistrate / Metropolitan] Court

RETURN OF SERVICE

I served this Summons and the attached Petition on [RESPONDENT NAME] on [__/__/____] at [____] [a.m. / p.m.], at [ADDRESS], by:

☐ Personal delivery
☐ Substituted service on [NAME / RELATIONSHIP] AND first-class mail
☐ Posting and mailing pursuant to NMSA § 47-8-43

_________________________________
[SERVER NAME], [☐ Sheriff ☐ Constable ☐ Process Server No. ____]

8. DOCUMENT G — PROPOSED JUDGMENT OF RESTITUTION AND WRIT OF RESTITUTION

STATE OF NEW MEXICO

COUNTY OF [____________]

[MAGISTRATE / METROPOLITAN] COURT

No. [________________________________]

JUDGMENT OF RESTITUTION

THIS MATTER having come before the Court on [__/__/____], and the Court having reviewed the Petition, heard testimony, and considered the evidence, finds:

1. The Court has jurisdiction over the parties and the subject matter.
2. Respondent was duly served with the Notice required by NMSA § 47-8-33 and the Summons and Petition.
3. Respondent is in wrongful possession of the premises located at [________________________________].
4. Petitioner is entitled to restitution of the premises.

IT IS ORDERED, ADJUDGED, AND DECREED:

A. Judgment of restitution is entered in favor of Petitioner and against Respondent;
B. Petitioner shall recover $[__________] for unpaid rent, $[__________] for late fees, $[__________] for damages, $[__________] for court costs, and $[__________] for attorney's fees, for a TOTAL MONEY JUDGMENT of $[__________];
C. At Petitioner's request, a Writ of Restitution shall issue under NMSA § 47-8-46(A), directing the sheriff to restore possession on a date three to seven days after entry of judgment.

DATED: [__/__/____]

_________________________________
[Judge / Magistrate]

WRIT OF RESTITUTION

TO THE SHERIFF OF [____________] COUNTY:

YOU ARE COMMANDED, pursuant to NMSA § 47-8-46(A), on [DATE THREE TO SEVEN DAYS AFTER JUDGMENT], to remove Respondent [NAME] and all other occupants from the premises located at [________________________________], and to restore peaceful possession to Petitioner [NAME].

On a resident's appeal, execution of this Writ is stayed only if the resident makes the initial rent payment required within five days after filing the notice of appeal and continues to pay monthly rent when due, as specified in NMSA § 47-8-47(A). The required initial amount covers rent coming due from the day after judgment through the end of that rental period; payment may be made to the owner or into an account with a professional escrow agent. The court may lift the stay under that section after notice and hearing for a qualifying payment default.

Issued: [__/__/____]

_________________________________
Clerk of the [Magistrate / Metropolitan] Court

9. NEW MEXICO PRACTICE NOTES

9.1 Statutory Authority Snapshot

9.2 Service of Process

Service of the predicate Notice is governed by NMSA § 47-8-13. Use Rule 2-202 NMRA for a magistrate-court summons and Rule 3-202 NMRA for a Bernalillo County Metropolitan Court summons. Have the clerk issue the court summons and follow the applicable rule's service method and proof requirements.

9.3 Rental Assistance

Credit rental assistance actually received against the rent claimed in the Notice. The 2021 HB 111 proposal did not become law; a declared emergency alone does not establish a general UORRA bar on termination. Check any currently applicable court order or program condition for this tenancy before service.

9.4 Tenant Defenses Commonly Raised

☐ Defective notice (wrong period, wrong amount, defective service)
☐ Retaliation under NMSA § 47-8-39
☐ Habitability defense under NMSA § 47-8-27.2
☐ Acceptance of rent after notice (waiver)
☐ Servicemembers Civil Relief Act (50 U.S.C. § 3951)
☐ Discrimination defense (NM Human Rights Act / FHA)

9.5 Mobile Home Parks

The Mobile Home Park Act supplies park-specific grounds and notice rules. The Uniform Owner-Resident Relations Act also applies where it does not directly conflict, and a park termination action follows its procedure. This generic notice package does not supply the park-specific notice; do not use it as a park notice without a separate review of NMSA 1978, §§ 47-10-3 to -5, -18.

10. SOURCES AND REFERENCES

• Official New Mexico Statutes, Chapter 47 — Property Law (Article 8, Uniform Owner-Resident Relations Act).
• N.M. Courts pamphlet, "Owner-Resident Relations," CV-ADMIN-1075 (rev. 7/2023): https://nmcourts.gov/wp-content/uploads/sites/22/2023/11/Owner-Resident-Relations-7_24_2023.pdf
• HB 111 (55th Leg., 1st Sess., 2021) (amending nonpayment notice provisions): https://www.nmlegis.gov/Sessions/21%20Regular/bills/house/HB0111JCS.PDF
• New Mexico Legal Aid Renter's Guide (2025): https://housingnm.org/uploads/documents/NMLA_2025_Renter_s_Guide_English.pdf
• Form 4-904 NMRA (Petition by Owner for Restitution) — https://fourthdistrict.nmcourts.gov/wp-content/uploads/sites/62/2023/12/4-904.pdf
• Form 4-905 NMRA (Summons and Notice of Trial) — https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2025/10/Form-4-905-NMRA.pdf
• NMSA §§ 47-10-4, 47-10-18 (Mobile Home Park Act procedure and its overlap with UORRA)