Is there an eviction moratorium in New Mexico?

SANTA FE, N.M. (KRQE) –The federal freeze on most evictions expired this weekend but the state supreme court’s pause on evictions remains active. The New Mexico Supreme Court has not set an expiration date for the state’s moratorium just yet. That’s keeping more tenants in their homes, for now.

How long does the eviction process take in New Mexico?

The last step in the New Mexico Eviction Process: Should the landlord win, the court will issue a judgment for restitution and order the tenant to vacate within 3 to 7-days. If the tenant remains, a Writ of Restitution can be obtained and given to the sheriff to take to the property and remove the tenant.

How do evictions work in New Mexico?

In New Mexico, evictions are regulated by state statutes. To evict a tenant, a landlord must first terminate the tenancy with a notice, and then eviction lawsuit against the tenant and win the lawsuit.

What is the eviction process in New Mexico?

When to give a tenant an eviction notice in New Mexico?

The landlord can give the tenant notice as soon as rent is late. The notice must state that the tenant has three days to either pay the rent or the lease will terminate and the landlord will file an eviction lawsuit (see N.M. Stat. Ann. § 47-8-33 (D) ).

Can a tenant sue a landlord in New Mexico?

If the landlord attempts a “self-help” eviction, the tenant can sue the landlord for damages and seek possession of the rental unit again (see N.M. Stat. Ann. § 47-8-36 ). For more information on “self-help” evictions, see the article Illegal Eviction Procedures in New Mexico, published by Nolo.

How are eviction trials held in New Mexico?

Trials are held before a judge only. The landlord must prove by a preponderance of the evidence that rent is due and owing or that some material violation of the lease occurred and that eviction is warranted. A tenant can present any of the following arguments in defense: No lease violation has occurred.

Can a landlord change the locks in New Mexico?

New Mexico law does not specify when tenants can change the locks. The law does explicitly forbid landlords from changing the locks as a form of eviction. The city of Albuquerque has several ordinances that make tenants more responsible for keeping their units clean.

The eviction process in New Mexico is a series of written notices and legal summons which help landlords be able to reclaim their property from tenants who are out of compliance with a lease or rental agreement. Most evictions involve the non-payment of rent, but any violation of a lease can potentially result in this happening.

What are eviction laws?

Notice for Termination Without Cause. A landlord cannot end a tenancy early without cause. If the landlord does not have cause for an eviction case, then the landlord must wait until the end of the lease or rental period before asking or expecting the tenant to move.

What is an eviction notice?

An eviction notice, or Notice of Eviction, is a formal written statement from a landlord to a tenant that informs the tenant of one of two things: The Tenant must vacate their rental property by a certain date; or. The Tenant must resolve an issue (or issues) by a certain date or vacate.