Legal Notice - Eviction

NOTICE OF TERMINATION OF RENTAL AGREEMENT

AND DEMAND FOR POSSESSION

(NEW MEXICO)

DOCUMENT HEADER

1. Parties
   1.1 Landlord: [LANDLORD LEGAL NAME], a [ENTITY TYPE] with a principal address at [LANDLORD ADDRESS] (“Landlord”).
   1.2 Resident(s): [RESIDENT LEGAL NAME(S)] residing at [PREMISES ADDRESS] (“Resident”).

2. Lease Identification
   2.1 Written/Oral Lease dated [LEASE DATE] (“Lease”).
   2.2 Premises: [UNIT/PROPERTY DESCRIPTION] (“Premises”).

3. Effective Date & Jurisdiction
   3.1 Effective Date of this Notice: [DATE SERVED] (“Notice Date”).
   3.2 Governing Law: New Mexico state landlord-tenant law, including UORRA.
   3.3 Forum Selection: [COUNTY] Housing Court or other court of competent jurisdiction in New Mexico.

TABLE OF CONTENTS

I. Defined Terms
II. Selection of Notice Type & Statutory Basis
III. Statement of Default/Termination Grounds
IV. Cure & Payment Instructions (if applicable)
V. Service of Notice & Proof of Delivery
VI. Default & Remedies
VII. Dispute Resolution
VIII. General Provisions
IX. Execution Block

I. DEFINED TERMS

Unless the context requires otherwise, capitalized terms have the meanings set forth below.

1. “Act” means the New Mexico Uniform Owner-Resident Relations Act, N.M. Stat. Ann. §§ 47-8-1 et seq.
2. “Business Day” means any day other than Saturday, Sunday, or a New Mexico legal holiday.
3. “Cure Amount” means the total monies owed or the corrective action required, as stated in Section III.
4. “Notice Period” means the statutory period after valid service during which Resident must cure or vacate, measured as provided in Section V.

II. SELECTION OF NOTICE TYPE & STATUTORY BASIS

[CHECK ONE - Remove remaining options]

☐ A. THREE-DAY NOTICE TO PAY OR QUIT – Non-Payment of Rent
Statutory Basis: N.M. Stat. Ann. § 47-8-33(D) (3-day notice).

☐ B. SEVEN-DAY NOTICE TO COMPLY OR VACATE – First Material Non-Compliance
Statutory Basis: § 47-8-33(A) (7-day notice with cure).

☐ C. SEVEN-DAY UNCONDITIONAL TERMINATION – Repeat Non-Compliance Within 6 Months
Statutory Basis: § 47-8-33(B).

☐ D. THIRTY-DAY NOTICE OF TERMINATION – Month-to-Month Tenancy
Statutory Basis: § 47-8-37 (30-day notice; no cure).

III. STATEMENT OF DEFAULT / TERMINATION GROUNDS

1. Resident is in breach of the Lease and the Act as follows: [DESCRIPTION OF DEFAULT: e.g., NON-PAYMENT OF $____ RENT FOR ____ MONTH(S); MATERIAL LEASE VIOLATION (describe)].
2. Cure Amount (if applicable): $[AMOUNT] payable to [PAYEE NAME] at [PAYMENT ADDRESS / ONLINE PORTAL] or as otherwise directed in the Lease.
3. If Resident fails to (a) remit the Cure Amount in full OR (b) vacate and surrender the Premises within the Notice Period, the Lease shall terminate without further notice and Landlord will initiate a forcible entry and detainer action for possession, money damages, costs, and statutory treble damages where allowed.

IV. CURE & PAYMENT INSTRUCTIONS (IF APPLICABLE)

1. Acceptable Forms of Payment: [e.g., CERTIFIED FUNDS, MONEY ORDER, ONLINE PORTAL] only.
2. Payment Deadline: No later than [TIME] [TIME ZONE] on the final day of the Notice Period.
3. Partial Payments: Landlord [WILL / WILL NOT] accept partial payments and no acceptance shall waive Landlord’s right to full performance unless expressly agreed in writing.
4. Non-Monetary Cure: Resident must [DESCRIBE ACTION, e.g., REMOVE UNAUTHORIZED ANIMAL, CEASE DISTURBANCE] and provide written proof to Landlord within the Notice Period.

V. SERVICE OF NOTICE & PROOF OF DELIVERY

1. Authorized Methods (Select all used):
   a. ☐ Personal Delivery to Resident (§ 47-8-13(A)).
   b. ☐ Certified Mail, Return Receipt Requested, to Premises (§ 47-8-13(B)) – add three (3) days to Notice Period.
   c. ☐ Posting on the main entrance of the Premises AND mailing via first-class mail (§ 47-8-13(C)).

2. Date and Time of Service: [DATE & TIME].

3. Proof of Delivery: Affidavit of Service attached as Exhibit A.

VI. DEFAULT & REMEDIES

1. Events of Default: Failure to cure, pay, or vacate within the Notice Period.

2. Remedies:
   a. Filing of a Petition for Restitution pursuant to § 47-8-42;
   b. Award of past-due rent, future rent, late fees, court costs, and reasonable attorney fees as permitted (§ 47-8-48);
   c. Treble damages for willful holdover (§ 47-8-46);
   d. Writ of Restitution for immediate possession (§ 47-8-46).

3. Reservation of Rights: All rights and remedies are cumulative and non-exclusive.

VII. DISPUTE RESOLUTION

1. Governing Law: This Notice and any ensuing action shall be governed by New Mexico law.
2. Forum: State Housing Court or other court of competent jurisdiction in [COUNTY], New Mexico.
3. Arbitration: Not available under Act; any dispute shall be litigated.
4. Jury Trial: Each party reserves its constitutional right to jury trial.
5. Injunctive Relief: Landlord may seek immediate possession and ancillary injunctive relief as provided by statute.

VIII. GENERAL PROVISIONS

1. No Waiver: Landlord’s acceptance of rent or failure to enforce any term shall not waive any rights arising from this Notice or the Lease.
2. Severability: If any provision of this Notice is held invalid, the remainder shall be enforced to the fullest extent permitted.
3. Integration: This Notice incorporates by reference all relevant provisions of the Lease and the Act.
4. Counterparts & Electronic Signatures: This Notice may be executed in counterparts and delivered electronically with the same legal effect as an original.

IX. EXECUTION BLOCK

LANDLORD:

__________________________________________
Signature of Authorized Agent
Name: [PRINTED NAME]
Title: [TITLE]
Date: [DATE]

RESIDENT ACKNOWLEDGMENT OF RECEIPT (optional but recommended):

☐ I acknowledge receipt of this Notice on [DATE].
__________________________________________
Resident Signature

EXHIBIT A – AFFIDAVIT OF SERVICE

I, [NAME], being first duly sworn, state:

1. I am over 18 and not a party to this matter.

2. On [DATE] at [TIME], I served the foregoing Notice on Resident by:
   ☐ Personal delivery
   ☐ Certified mail (tracking no. __________)
   ☐ Posting & first-class mail

3. The facts stated herein are true to the best of my knowledge.

__________________________________________
Affiant Signature

Subscribed and sworn before me on [DATE].

__________________________________________
Notary Public
My Commission Expires: __________

END OF DOCUMENT