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A New Mexico eviction process does not allow a landlord to evict a tenant without good cause. As long as the tenant does not violate any rules, they can stay until their rental period ends. However, if a tenant overstays their lease term without applying for a renewal, they can be evicted.
Every party in a lawsuit has the right to Appeal the lower Court's Judgment or final Order. In Landlord-Tenant cases: To stop an eviction, an Appeal must be filed in the Second Judicial District Court on or before the effective date of the Writ of Restitution set forth in the Judgment for Restitution.
Yes, a landlord in New Mexico can evict a tenant for violating the terms of the lease. If a tenant fails to comply with the terms and conditions outlined in the lease agreement, the landlord must first terminate the rental agreement by giving the tenant written notice.
This a notice to let you know you must vacate [rental property address] by [date tenant must vacate]. You have violated the lease agreement signed on [date lease agreement was signed] by [lease violation]. If you do not [pay/fix] or vacate by [date tenant must vacate], I will be forced to pursue legal action.
The New Mexico eviction notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property and tenant. It must also clearly explain the reason the landlord wishes to terminate the lease and how long the resident has to comply with the notice.
If the residency is month-to-month, the thirty (30) day notice must be given at least thirty (30) days before the periodic rental date; for example, if the rent is due on the 1st, the notice must be given at least thirty (30) days before the 1st. 2.
Removal of the Tenant Even then, the only person authorized to remove the tenant is a law enforcement officer with a valid court order. New Mexico law has made it illegal for the landlord to try to remove the tenant in any other way, and the tenant can sue the landlord for an illegal eviction.