Notice to Cure or Quit (Material Noncompliance) — New Mexico

NOTICE TO CURE OR QUIT — MATERIAL NONCOMPLIANCE — NEW MEXICO

TABLE OF CONTENTS

1. Caption and Parties
2. Statutory Basis and Tier Selection
3. Description of Breach
4. Cure Required and Cure Period
5. Consequences of Failure to Cure or Vacate
6. Reservation of Rights
7. Owner Signature Block
8. Certificate / Affidavit of Service
9. Tenant Resources Notice
10. New Mexico Practice Notes
11. Sources and References

1. CAPTION AND PARTIES

RENTAL PREMISES (the "Dwelling Unit"):

[STREET ADDRESS]
[UNIT/APT NUMBER]
[CITY], New Mexico [ZIP CODE]
[COUNTY] County

RENTAL AGREEMENT DATE: [__/__/____]

RENTAL AGREEMENT TYPE: ☐ Written ☐ Oral ☐ Month-to-Month ☐ Fixed Term ending [__/__/____]

2. STATUTORY BASIS AND TIER SELECTION

This Notice is given pursuant to the New Mexico Uniform Owner-Resident Relations Act, NMSA 1978 §§ 47-8-1 to 47-8-52. The applicable tier under NMSA § 47-8-33 is:

☐ Tier A — SEVEN (7) DAY CURE-OR-QUIT (NMSA § 47-8-33(A))
First instance of material noncompliance with the rental agreement or with statutory resident obligations under NMSA § 47-8-22. Resident has 7 days to cure OR vacate; otherwise rental agreement terminates.

☐ Tier B — SEVEN (7) DAY NON-CURABLE TERMINATION (NMSA § 47-8-33(B))
Second material noncompliance within six (6) months of the first material noncompliance. Cure rights do not apply. Rental agreement terminates 7 days after receipt of notice.
First breach reference: Notice dated [__/__/____] regarding [___________________].

☐ Tier C — THREE (3) DAY SUBSTANTIAL VIOLATION (NMSA § 47-8-33(C))
Resident knowingly committed, or consented to another person committing, a substantial violation. Not curable. Rental agreement terminates not less than 3 days after receipt of notice.

☐ Tier D — TWENTY-FOUR (24) HOUR HEALTH/SAFETY THREAT (NMSA § 47-8-33(J))
Substantial threat to health and safety of other residents, of owner or owner's employees, or of the property; or possession/use/manufacture/distribution of controlled substances on the premises (as enumerated in the statute). Not curable. Rental agreement terminates 24 hours after receipt.

3. DESCRIPTION OF BREACH

TO: [RESIDENT(S) FULL LEGAL NAME(S)] and all other occupants in possession:

YOU ARE HEREBY NOTIFIED that you are in breach of the rental agreement and/or your statutory obligations under NMSA § 47-8-22, by reason of the following acts and omissions, occurring on the dates and at the times specified below:

Witnesses (if any): [_______________________________________________]

Documentary evidence (photos, police reports, complaints, incident reports): [_______________________________________________]

4. CURE REQUIRED AND CURE PERIOD

4.1 If Tier A (Seven-Day Cure-or-Quit) Applies

You may cure this breach and avoid termination by taking the following specific action(s) within SEVEN (7) DAYS after your receipt of this Notice:

1. [SPECIFIC CURE ACTION REQUIRED — e.g., remove unauthorized occupant; remove unauthorized pet; pay damages of $[___] for itemized property damage; cease specified conduct; restore alteration to original condition]

2. [ADDITIONAL CURE ACTION, if any]

3. [ADDITIONAL CURE ACTION, if any]

Date of receipt / service of this Notice: [__/__/____]

Seven-day cure period expires on: [__/__/____] at [____:____ ☐ AM ☐ PM]

4.2 If Tier B (Seven-Day Non-Curable) Applies

This is your second material noncompliance within six (6) months. No cure is available. The rental agreement is terminated effective seven (7) days after your receipt of this Notice. You must surrender possession of the Dwelling Unit on or before:

[__/__/____] at 11:59 PM

4.3 If Tier C (Three-Day Substantial Violation) Applies

Because this Notice alleges a substantial violation, no cure is available. The rental agreement is terminated effective three (3) days after your receipt of this Notice. You must surrender possession on or before:

[__/__/____] at 11:59 PM

4.4 If Tier D (24-Hour Health/Safety Threat) Applies

Because this Notice alleges a substantial threat to health, safety, or property, no cure is available. The rental agreement is terminated effective twenty-four (24) hours after your receipt of this Notice. You must surrender possession on or before:

[__/__/____] at [____:____ ☐ AM ☐ PM]

5. CONSEQUENCES OF FAILURE TO CURE OR VACATE

If you fail to cure (where curable) or fail to surrender possession by the deadline above, Owner will:

1. Treat the rental agreement as terminated as of the deadline;

2. File a Petition by Owner for Restitution (NMRA Form 4-904) in [Magistrate Court / Metropolitan Court / District Court] of [COUNTY] County, New Mexico, seeking:

a. Possession of the Dwelling Unit (writ of restitution under NMSA § 47-8-46);

b. Judgment for unpaid rent and damages, including rent accruing through the date of judgment;

c. Damages equal to twice the amount actually sustained, where authorized by NMSA § 47-8-48;

d. Court costs and reasonable attorney fees as available under § 47-8-48;

e. Such other relief as the Court deems just.

3. The trial will be set not less than seven (7) nor more than ten (10) days after service of summons under NMSA § 47-8-43.

6. RESERVATION OF RIGHTS

Owner reserves all rights under the rental agreement, the Uniform Owner-Resident Relations Act, and other applicable law. Acceptance of any rent paid for periods after this Notice shall not constitute a waiver of Owner's rights to terminate and pursue possession unless Owner expressly agrees in writing.

This Notice does not waive any other claim Owner may have for damages, unpaid rent, attorney fees, or other relief.

7. OWNER SIGNATURE BLOCK

Dated: [__/__/____]

___________________________________
[OWNER / AUTHORIZED AGENT NAME]
[TITLE, if agent]
[ENTITY NAME, if applicable]
[STREET ADDRESS]
[CITY, STATE ZIP]
Telephone: [(___) ___-____]
Email: [_________________________]

8. CERTIFICATE / AFFIDAVIT OF SERVICE

I, [SERVER NAME], declare under penalty of perjury under the laws of the State of New Mexico that I served this Notice to Cure or Quit on [RESIDENT NAME(S)] at the Dwelling Unit located at [ADDRESS] on [__/__/____] at approximately [____:____ ☐ AM ☐ PM] by the following method:

☐ Personal delivery to Resident.

☐ Substituted service on a person of suitable age and discretion (15 years or older) residing at the Dwelling Unit, named [____________________].

☐ Posting and mailing: Posted in a conspicuous place at the Dwelling Unit AND mailed by certified mail, return receipt requested, on [__/__/____] (Article No. [_____________]).

___________________________________
[SERVER SIGNATURE]
[SERVER PRINTED NAME]
[SERVER ADDRESS]
[SERVER PHONE]

9. TENANT RESOURCES NOTICE

For free legal information, residents may contact:

• New Mexico Legal Aid — 1-833-LGL-HELP (1-833-545-4357) — newmexicolegalaid.org
• Law Access New Mexico — 1-800-340-9771
• NM Eviction Prevention & Diversion Program — nmevictionprevention.com
• City of Albuquerque Office of Civil Rights / Renters' Rights — 311 or (505) 768-3138 (Albuquerque rentals only)
• Senior Citizens' Law Office (Bernalillo County, age 60+) — (505) 265-2300

10. NEW MEXICO PRACTICE NOTES

Material Noncompliance vs. Substantial Violation. UORRA does not exhaustively define either term. Courts construe "material noncompliance" broadly (unauthorized occupants, unauthorized pets, persistent noise, repeated lease infractions). "Substantial violation" requires conduct of greater magnitude — typically intentional, willful, or involving real risk of harm to persons or property. When in doubt, give the longer 7-day notice; serving a 3-day or 24-hour notice for a non-substantial breach is a frequent appellate defeater.

Particularity. § 47-8-33 demands "the acts and omissions constituting the breach, including the dates and specific facts describing the nature of the alleged breach." NM courts strictly enforce this requirement. Boilerplate ("you violated section 14 of the lease") is insufficient.

Mid-Period Cure. During the 7-day cure period, the resident may also vacate within 7 days to avoid a possessory judgment. The owner cannot refuse a timely cure properly tendered.

Health/Safety Threat (24-Hour). Tier D includes (per the statute and case law): substantial threat to other residents, owner, or owner's employees; substantial threat to the property; possession of any drug paraphernalia in violation of state or federal law; possession, manufacture, distribution, or use of controlled substances in violation of state or federal law. Document the threat with police reports, witness statements, photographs, and incident logs.

Cumulative Notices. A second notice within six months under Tier B requires reference to a prior notice that itself complied with § 47-8-33(A). Save copies of all earlier notices and proof of service.

Self-Help Bar. NMSA § 47-8-36 imposes civil penalty up to THREE TIMES the monthly rent (or actual damages, whichever is greater) plus attorney fees. NEVER lock out, shut off utilities, remove property, or otherwise interfere with occupancy.

Retaliation Presumption. NMSA § 47-8-39 — six-month rebuttable presumption if the notice follows protected activity (code complaint, repair request, tenant organizing, fair-housing complaint).

Discrimination Defenses. Tenant may defend on grounds of NM Human Rights Act § 28-1-7 (race, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, pregnancy, spousal affiliation, disability), federal Fair Housing Act (42 U.S.C. § 3604), or — for Albuquerque — the Albuquerque Human Rights Ordinance (adds source of income).

Mobile Home Parks. Use NMSA § 47-10 procedures, not § 47-8-33, for tenancies in licensed mobile home parks.

Good-Faith Repair Disputes. If the alleged breach is a habitability item disputed by the resident under NMSA § 47-8-27.1 (resident's remedies for owner's breach of § 47-8-20 warranty), the cure-or-quit notice is at risk of being characterized as retaliatory. Document any habitability complaint history in the file.

11. SOURCES AND REFERENCES

• NMSA 1978 § 47-8-33 (Breach by resident; relief by owner; tiered notices) — https://law.justia.com/codes/new-mexico/chapter-47/article-8/section-47-8-33/
• NMSA 1978 § 47-8-22 (Resident obligations) — https://law.justia.com/codes/new-mexico/chapter-47/article-8/
• NMSA 1978 § 47-8-36 (Self-help eviction prohibited) — https://law.justia.com/codes/new-mexico/chapter-47/article-8/section-47-8-36/
• NMSA 1978 § 47-8-39 (Retaliation prohibited; 6-month presumption) — https://law.justia.com/codes/new-mexico/chapter-47/article-8/section-47-8-39/
• NMSA 1978 § 47-8-43 (Issuance of summons; trial 7-10 days) — https://law.justia.com/codes/new-mexico/chapter-47/article-8/section-47-8-43/
• NMSA 1978 § 28-1-7 (NM Human Rights Act — housing) — https://law.justia.com/codes/new-mexico/chapter-28/article-1/section-28-1-7/
• New Mexico Courts — Landlord/Tenant Forms — https://nmcourts.gov/forms-files/landlord-tenant/
• NM Law Library — Landlord-Tenant Resource Guide — https://lawlibrary.nmcourts.gov/
• Albuquerque Source-of-Income Amendment — https://www.cabq.gov/office-of-equity-inclusion/about-office-of-equity-inclusion/civilrights/source-of-income-amendment-to-albuquerque-human-rights-ordinance
• Apartment Association of NM — UORRA Summary — https://www.aanm.org/new-mexico-uniform-owner-resident-relations-act

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Consult a New Mexico-licensed attorney before serving this Notice or initiating eviction proceedings.