Rule text
[Sections 47-8-27.1, 47-8-33, 47-8-37 NMSA 1978]
SEVEN (7)-DAY NOTICE OF NONCOMPLIANCE WITH RENTAL AGREEMENT (OTHER THAN FAILURE TO PAY RENT)1 (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 __________________
in that on or about __________________, ________ (date), the following noncompliance occurred:
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ (describe the noncompliance specifically and in detail. Attach additional pages if necessary.)
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 termination of the rental agreement.
[] First notice. If you, the tenant, correct the noncompliance within seven (7) days from the date of delivery of this notice, the rental agreement will continue and you will be permitted to stay. If you do not correct the noncompliance within seven (7) days from the date of delivery, the owner may terminate the rental agreement and file in court to evict you.
If the owner files in court to evict you, you, the tenant, have the right to challenge the termination of the rental agreement by going to the court hearing to respond and tell your side of the story. If you do not go to the court hearing, the court may enter a judgment against you and issue a court order evicting you from your home.
Even if you correct the noncompliance, if a second material noncompliance with the rental agreement occurs within six (6) months of the first noncompliance, the owner may terminate the rental agreement and file in court to evict you.
[] Second notice. You were given previous notice of noncompliance on __________________ (date). Therefore, you have been in material noncompliance twice or more within a six (6)-month period. As a result, the owner/agent may terminate the rental agreement in seven (7) days from the date of delivery of this notice. If you do not voluntarily leave the premises by __________________ (insert date), the owner may file in court to evict you, and you may receive a summons to appear in court.
You have the right to challenge the termination of the rental agreement. If you want to challenge the termination of the rental agreement, you must go to the court hearing to respond to the owner's claims and tell your side of the story. If you do not go to the court hearing, the court may enter a judgment against you and issue a court order evicting you from the premises.
Dated this ________ day of ____________, ________.
______________________________________ (Owner) (Agent) (Resident)
Service of notice
[ ] personally delivered to resident [ ] posted [ ] mailed certified mail, return receipt requested
[ ] Delivered [ ] Posted: Mailed: Time: __________________ Time: __________________ Date: __________________ Date: __________________ By:3 ___________________ By:3 ___________________
USE NOTES
1. The party giving notice should retain two (2) copies for possible court action. If this form is used by the resident some modifications will be necessary. 2. If 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 the resident is not in compliance with the rental agreement, that the owner of the premises may terminate the rental agreement and may file an eviction action in court, that the resident has the right to challenge the owner's termination of the rental agreement, that, even if the noncompliance is corrected, if a second material noncompliance with the rental agreement occurs within six months of the first noncompliance, that the owner of the premises may terminate the rental agreement and may file an eviction action in court, and of the possible consequences of an eviction action, made technical, nonsubstantive amendments, and revised the Use Notes; after "Attach additional pages if necessary.)", added the next undesignated paragraph; after "First notice. If", deleted "this" and added "you, the tenant, correct the", after "noncompliance", deleted "is not corrected", after "date of delivery", deleted "set out below" and added "of this notice", after "rental agreement", deleted "shall be terminated and you shall be required to vacate the premises. Regardless of whether this noncompliance is corrected, if a second material noncompliance with the rental agreement or any separate agreement occurs within six (6) months of this initial noncompliance, the rental agreement will be terminated" and added "will continue and you will be permitted to stay. If you do not correct the noncompliance within seven (7) days from the date of delivery, the owner may terminate the rental agreement and file in court to evict you", added the next two undesignated paragraphs; in the paragraph with the heading "Second notice.", after "As a result", added "the owner/agent may terminate", after "rental agreement", deleted "shall terminate" and added "in", after "of this notice", deleted "You must vacate" and added "If you do not voluntarily leave", after "(insert date)", deleted "Failure to vacate by this date will result in a legal action against you" and added "the owner may file in court to evict you, and you may receive a summons to appear in court"; and added the next undesignated paragraph.
The 1998 amendment, effective April 6, 1998, deleted "and mailed, 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, inserted "or separate agreement" near the beginning, inserted the entry for when the noncompliance occurred, designated the exist language as "First Notice" and added the language at the end of the First Notice beginning "and you shall be", added the second notice, added "(Agent)" below the signature line, rewrote the certification of service, added the last sentence in Use Note 1, added Use Notes 2 through 4, and made stylistic changes throughout.