Uncontested: 21–45 days ·
Contested: 45–120 days · Under NMSA § 47-8 (Uniform Owner-Resident Relations Act)
The New Mexico eviction process requires a court-ordered judgment before a landlord can remove a tenant. Timeline figures below begin after the pre-filing notice period expires and the landlord files the complaint with the court. Add 3–60+ days for the applicable pre-filing notice period (pay-or-quit, cure-or-quit, or no-fault) depending on the eviction reason.
If tenant has not paid or vacated after the notice period, landlord files in the appropriate local court and pays the filing fee.
5d
3
Stage 3 · File
Serve summons and complaint
Day 7
The court issues a summons; a process server or sheriff must personally serve the tenant. Service rules vary by county.
14d
4
Stage 4 · Court
Court hearing and judgment
Day 12
Tenant typically has a short window to file a written answer. If no answer is filed, landlord may obtain default judgment. Contested cases are set for a trial date.
7d
5
Stage 5 · Lockout
Writ of possession / sheriff lockout
Day 26
Upon judgment for the landlord, the court issues a writ of possession. The sheriff or constable posts and then executes the lockout; only law enforcement may physically remove the tenant.
Day 33
✓
Possession recovered
Worst case · Day 33
Timelines begin at court filing, not notice service.
The New Mexico timelines above start when the landlord files the eviction complaint with the court.
Add pre-filing notice periods (3–60 days depending on eviction reason) to get the full end-to-end timeline.
Self-help eviction, changing locks, removing belongings, or shutting off utilities, is illegal in New Mexico and exposes the landlord to significant damages.
About this page. Researched and written by the NextGen Properties research team — the underwriters, asset managers, and acquisitions staff who have priced, bought, and operated rental property for more than two decades. Reviewed before publication by the NextGen Properties editorial desk. How we work: editorial guidelines · scoring methodology.
