Rule text
[Section 47-8-33 NMSA 1978]
THREE (3)-DAY NOTICE OF NONPAYMENT OF RENT1 (Uniform Owner-Resident Relations Act)
To: _____________________________________________________ Address: _____________________________________________________ _______________________________, New Mexico __________
You are notified that you are not in compliance with the rental agreement or separate agreement about the premises at:2 ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________, New Mexico _________________
by failure to pay rent as follows:
$ __________________ $ __________________ $ __________________ Total due: $ __________________
If you do not pay this amount within three (3) days from the date of delivery of this notice, the owner may terminate the rental agreement and can file in court to evict you. You may receive a summons to appear in court. You cannot be evicted from your home without a court order. This notice does not mean that you must leave your home without the opportunity to first go to court to challenge the owner's termination of the rental agreement.
You have the right to challenge the termination of the rental agreement or the amount of rent owed by going to the court hearing to respond to the owner's claims and tell your side of the story. If you do not attend the court hearing, the court may enter a judgment against you and issue a court order evicting you from the premises.
You are NOT required to leave the home voluntarily before you have had the chance to go to the court hearing and the judge has issued an order in the case.
Payment will be accepted only by:
[ ] cash [ ] money order [ ] cashiers or certified check [ ] personal check
Dated this ________ day of ______________, ________.
____________________________________ (Owner) (Agent)
Service of notice:
[ ] personally delivered to resident [ ] posted [ ] mailed certified mail, return receipt requested [ ] mailed
[ ] Delivered [ ] Posted: Mailed: Time: __________________ Time: __________________ Date: __________________ Date: __________________ By:3 ___________________ By:3 ___________________
USE NOTES
1. The owner/agent giving notice should keep two (2) copies in case they are needed for court.
2. If the leased premises is an apartment, include the name of the apartments and the apartment number. This form may also be used for a mobile home park with less than twelve (12) units. See NMSA 1978, § 47-10-2(C) (1997).
3. Include the name of the person delivering, posting, or mailing the notice. [As amended, effective September 2, 1997; April 6, 1998; as amended by Supreme Court Order No. 20-8300-018, effective December 31, 2020.]
Notes
ANNOTATIONS
The 2020 amendment, approved by Supreme Court Order No. 20-8300-018, effective December 31, 2020, provided notice to the resident, when rent is past due, that the owner may terminate the rental agreement, that the owner of the premises can file an eviction action in court, that the resident has the right to challenge the owner's termination of the rental agreement or the amount of rent owed, and of the possible consequences of an eviction action, made technical, nonsubstantive changes, and revised the Use Notes; after "three (3) days from the date of delivery", deleted "set out below" and added "of this notice", added "the owner may terminate", after "the rental agreement", deleted "shall be terminated" and added "and can file in court to evict you. You may receive a summons to appear in court.", and added the next three undesignated paragraphs; and in Use Note 1, after "The", deleted "party" and added "owner/agent", after "(2) copies", deleted "for possible court action" and added "in case they are needed for court".
The 1998 amendment, effective April 6, 1998, inserted "rent" following "by failure to pay", deleted the explanation of entries for different charges, substituted "amount due" for "rent", deleted "and mailed certified mail, return receipt requested" following "posted" in the service certification, deleted Use Note 3, renumbered Use Note 4 as Use Note 3 and substituted "Include" for "Set forth" in Use Note 3.
The 1997 amendment, effective September 2, 1997, deleted "rent as due" following "failure to pay" and added the entries for the different charges, added the payment method choices, rewrote the service certification, added Use Notes 2 through 4, and made stylistic changes throughout.