Notice to Pay Rent or Quit (3-Day) — New Mexico

NOTICE TO PAY RENT OR QUIT — THREE (3) DAY NOTICE — NEW MEXICO

TABLE OF CONTENTS

1. Caption and Parties
2. Statutory Basis
3. Notice of Default and Demand for Payment
4. Itemization of Rent Due
5. Cure Period and Manner of Tender
6. Consequences of Failure to Cure
7. Reservation of Rights
8. Owner Signature Block
9. Certificate / Affidavit of Service
10. Tenant Resources Notice
11. New Mexico Practice Notes
12. 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

This Notice is given pursuant to the New Mexico Uniform Owner-Resident Relations Act, NMSA 1978 §§ 47-8-1 to 47-8-52, and specifically § 47-8-33(D), which provides:

"If rent is unpaid when due and the resident fails to pay rent within three days after written notice from the owner of nonpayment and his intention to terminate the rental agreement, the owner may terminate the rental agreement and the resident shall immediately deliver possession of the dwelling unit; provided that tender of the full amount due, in the manner stated in the notice, prior to the expiration of the three-day notice shall bar any action for nonpayment of rent."

3. NOTICE OF DEFAULT AND DEMAND FOR PAYMENT

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

YOU ARE HEREBY NOTIFIED that you are in material breach of your rental agreement for the above-described Dwelling Unit because rent that became due and payable has not been paid.

The Owner intends to terminate the rental agreement and recover possession of the Dwelling Unit unless the full amount of rent stated below is paid within THREE (3) DAYS after your receipt of this Notice, in the manner specified in Section 5 below.

4. ITEMIZATION OF RENT DUE

The following past-due rent is owed under the rental agreement (rent only; non-rent charges are excluded from this Notice as required by NMSA § 47-8-33(D)):

Partial payments accepted prior to this Notice (if any): $[________]

Net rent due to cure default: $[________]

5. CURE PERIOD AND MANNER OF TENDER

You may cure this default and bar any action for possession based on nonpayment of rent by tendering the full NET RENT DUE of $[________] within THREE (3) DAYS of receipt of this Notice.

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

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

Manner of tender (any of the following will be accepted):

☐ In person at: [ADDRESS / OFFICE OF OWNER OR AGENT]
Hours of acceptance: [____:____ ☐ AM/PM] to [____:____ ☐ AM/PM], [DAYS OF WEEK]

☐ By certified mail, return receipt requested, postmarked on or before the cure deadline, addressed to:
[OWNER OR AGENT MAILING ADDRESS]

☐ Electronic payment via: [PORTAL / METHOD] — confirmation number required.

☐ Other: [SPECIFY]

Acceptable forms of payment: ☐ Cash ☐ Cashier's check ☐ Money order ☐ Personal check (only if no prior NSF) ☐ Electronic transfer

6. CONSEQUENCES OF FAILURE TO CURE

If the full Net Rent Due is NOT paid in the manner and within the time specified above, the Owner will:

1. Terminate the rental agreement effective at the end of the three-day cure period;

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 rent accruing through the date of judgment;

c. Statutory damages, court costs, and reasonable attorney fees as available under NMSA § 47-8-48;

d. Other relief 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.

7. RESERVATION OF RIGHTS

Acceptance of any partial payment by Owner shall not constitute a waiver of the Owner's right to terminate the rental agreement and seek possession unless Owner expressly agrees in writing.

This Notice does not waive any other claims Owner may have for breach of the rental agreement, damage to the Dwelling Unit, late fees, utilities, or other charges, all of which are expressly reserved.

Nothing in this Notice constitutes consent to remain in the Dwelling Unit beyond the cure period if the default is not cured.

8. OWNER SIGNATURE BLOCK

Dated: [__/__/____]

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

9. 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 Pay Rent 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. [_____________]).

☐ Electronic delivery with read receipt, if expressly authorized by rental agreement.

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

10. 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

11. NEW MEXICO PRACTICE NOTES

Three-Day Count. Day 1 begins the day AFTER the notice is received. If the third day falls on a Saturday, Sunday, or federal holiday, NMSA § 47-8-33(I) extends the cure deadline to the next non-weekend/non-holiday day. Mid-period weekends are counted.

Tender Bars Action. Under § 47-8-33(D), tender of the full rent due in the manner stated in the notice and prior to expiration bars any action for nonpayment. An owner who refuses tender in the specified manner forfeits the pay-or-quit notice.

No Acceleration. A New Mexico owner may not condition cure on payment of future rent, late fees not authorized in writing, or other charges. NMSA § 47-8-15 governs late fees, which are capped at 10% of the periodic rent and must be in writing.

Self-Help Bar. NMSA § 47-8-36 prohibits lockouts, utility shutoffs, removal of personal property, and any willful act rendering the dwelling unit inaccessible or uninhabitable. Violations expose the owner to actual damages plus civil penalties up to THREE TIMES the monthly rent, plus attorney fees.

Retaliation Presumption. NMSA § 47-8-39 creates a six-month rebuttable presumption of retaliation if the owner serves a notice of termination within six months after the resident: (i) complained to a code-enforcement agency, (ii) joined a tenant organization, (iii) requested repairs in writing, (iv) filed a fair-housing complaint, or (v) otherwise exercised UORRA rights.

Source of Income — Albuquerque. The Albuquerque Human Rights Ordinance (City Code § 11-3-2 et seq.) prohibits discrimination based on lawful source of income, including Section 8 / Housing Choice Voucher payments. Refusing tender of rent because the source is a housing authority disbursement violates the ordinance.

Forum Selection.

• Magistrate Court — statewide; civil jurisdictional cap $10,000 (NMSA § 35-3-3); most NM evictions filed here.
• Metropolitan Court — Bernalillo County only; Albuquerque evictions go here.
• District Court — used when claims exceed magistrate cap or for complex fact patterns.

Mobile Home Parks. Tenancies in licensed mobile home parks are governed by the Mobile Home Park Act, NMSA §§ 47-10-1 to 47-10-23. Use NMSA § 47-10-3 notice (typically 30 days for nonpayment, with longer removal periods) — not this Notice.

Discrimination Defenses. Tenant may defend by alleging discrimination on the basis of any class protected under NMSA § 28-1-7 (race, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, pregnancy, spousal affiliation, physical/mental disability) or the federal Fair Housing Act, 42 U.S.C. §§ 3601-3619. Albuquerque adds source of income and other protected categories.

12. SOURCES AND REFERENCES

• NMSA 1978 § 47-8-33 (Breach of agreement by resident; three-day pay-or-quit) — https://law.justia.com/codes/new-mexico/chapter-47/article-8/section-47-8-33/
• NMSA 1978 § 47-8-15 (Rent — when due) — 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) — https://law.justia.com/codes/new-mexico/chapter-28/article-1/section-28-1-7/
• Albuquerque Human Rights Ordinance / 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
• New Mexico Courts — Landlord/Tenant Forms — https://nmcourts.gov/forms-files/landlord-tenant/
• NM Eviction Prevention & Diversion Program — https://www.nmevictionprevention.com/
• NM Law Library — Landlord-Tenant Resource Guide (Oct. 2025) — https://lawlibrary.nmcourts.gov/

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.