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Eviction timeline in New Mexico

New Mexico Eviction Timeline

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.

New Mexico Eviction Timeline at a Glance1

21–45 days Uncontested
45–120 days Contested
$132–$200 Court filing fee
$500–$3,000 Attorney fees (est.)
#4 of 51 Fastest nationally
Uncontested eviction (after filing) 21–45 days NMSA § 47-8 (Uniform Owner-Resident Relations Act)
Contested eviction (after filing) 45–120 days NMSA § 47-8 (Uniform Owner-Resident Relations Act)
Pre-filing notice: Non-payment of rent 3 days NMSA § 47-8 (Uniform Owner-Resident Relations Act)
Pre-filing notice: Lease violation / cure 7 days NMSA § 47-8 (Uniform Owner-Resident Relations Act)
Pre-filing notice: End of term / no-cause 30 days NMSA § 47-8 (Uniform Owner-Resident Relations Act)
Court filing fee $132–$200 NMSA § 47-8 (Uniform Owner-Resident Relations Act)

Step-by-step New Mexico eviction process

Day-by-day, every stage.

Each row's day-label is the cumulative start of that stage on the worst-case clock.
Pre-filing Notice File Court Lockout
  1. 3d
    1
    Stage 1 · Gate

    Serve written notice to pay or quit

    Day 1

    Landlord must deliver a written 3-day notice demanding rent or possession. Service must comply with New Mexico statute.

  2. 3d
    2
    Stage 2 · Serve

    File eviction complaint (unlawful detainer / forcible entry & detainer)

    Day 4

    If tenant has not paid or vacated after the notice period, landlord files in the appropriate local court and pays the filing fee.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

Other Guides for New Mexico

← New Mexico Eviction Risk OverviewEviction Costs: New MexicoEviction Process: New MexicoRent Control Guide: New MexicoTenant Screening: New MexicoTenant Protections: New MexicoTenant Rights: New MexicoNotice Templates: New Mexico

Eviction Timeline in Other States

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Informational only, not legal advice. Consult a licensed New Mexico attorney. Source attribution in the Sources band below.