How long does an eviction take in New Mexico?
For unpaid rent, expect about 3 weeks from the first notice to the lockout in New Mexico, and anywhere from 2.5 to 7.5 weeks if the tenant fights it or the court is busy.
New Mexico eviction timeline, step by step
- Notice to pay or leave 3 dayssecondary source
3 days to pay or move (N.M. Stat. § 47-8-33(D)) source - File the case and get a judgment about 10-21 days (typical 14)official source
Trial 7-10 days after service; tenant served at least 7 days before trial (Bernalillo Metro Court) source - Judgment to lockout 3-7 daysofficial source
Eviction date 3-7 days after judgment source - If the tenant appeals 15-day windowofficial source
15 days to appeal; staying the eviction requires paying rent into escrow source
Timeline model: notice + filing-to-judgment window + judgment-to-lockout window; the high case adds 21 days for a contested hearing. Methodology.
Can the tenant pay and stay?
Can pay in full during the notice period. secondary source source
Eviction costs in New Mexico
| Cost | Amount | Notes |
|---|---|---|
| Court filing fee | $55-$175 | Not verified for New Mexico; the calculator uses the national default range. unverified |
| Serving the tenant | $30-$77 | Not verified for New Mexico; the calculator uses the national default range. unverified |
| Sheriff/marshal lockout | $75-$180 | Not verified for New Mexico; the calculator uses the national default range. unverified |
| Lawyer, uncontested | $500-$1,500 | National rough estimate, not state-specific estimate |
| Lawyer, contested | $2,000-$5,000+ | National rough estimate estimate |
| Median gross rent | $1,117/mo | Census ACS 2024 1-year (±$25) data file |
Tenant protections
| Statewide rent control | No | None statewide found in the sources we checked |
| Statewide just-cause rules | No | None statewide found in the sources we checked |
| Right to counsel for tenants | No | None statewide found in the sources we checked |
| Seasonal or weather limits | No | None statewide found in the sources we checked |
| Required mediation / pre-filing program | No | None statewide found in the sources we checked |
Eviction cost calculator for New Mexico
| What | Typical | Low to high |
|---|
Full timeline and sources · Total = rent × (months behind + months to evict + months to re-rent) + court fees + lawyer + turnover. How we calculate.
Tenant screening
Reserved for a tenant-screening partner (credit, eviction and background checks). No partner yet; nothing here is a recommendation.
Rent-guarantee insurance
Reserved for a rent-guarantee or landlord insurance partner that covers unpaid rent and eviction costs. No partner yet.
Landlord-friendliness score: 90/100
Timeline 45.8/50 · right to cure 14/20 · statewide protections 30/30. How the score works.
New Mexico eviction FAQ
How long does an eviction take in New Mexico?
A nonpayment eviction in New Mexico typically takes about 3 weeks from notice to lockout, with a range of roughly 2.5 to 7.5 weeks. Contested cases, court backlogs and appeals can take longer. This is an EvictionMath estimate built from the state's notice period and court deadlines, last checked 2026-10-17.
How much notice does a landlord have to give for unpaid rent in New Mexico?
3 days to pay or move (N.M. Stat. § 47-8-33(D)).
Can a tenant stop an eviction in New Mexico by paying the rent?
Can pay in full during the notice period.
How much does it cost to file an eviction in New Mexico?
We have not verified New Mexico's eviction filing fee yet. Fees are set by court and county, so check with the local clerk. Lawyer fees commonly run about $500-$1,500 for an uncontested case (a national estimate).
Is New Mexico landlord-friendly for evictions?
New Mexico scores 90 out of 100 on the EvictionMath landlord-friendliness score (timeline 45.8/50, right to cure 14/20, statewide tenant protections 30/30). The formula is on our methodology page.
Sources and last-checked dates
| Field | Source type | Link | Checked |
|---|---|---|---|
| Notice period | secondary source | www.nolo.com | 2026-10-17 |
| Court deadlines | official source | metro.nmcourts.gov | 2026-10-17 |
| Judgment to lockout | official source | law.justia.com | 2026-10-17 |
| Appeal | official source | metro.nmcourts.gov | 2026-10-17 |
| Filing fee | unverified | none yet | 2026-10-17 |
| Service fee | unverified | none yet | 2026-10-17 |
| Lockout fee | unverified | none yet | 2026-10-17 |
| Median rent | official source | census.gov (ACS B25064) | 2026-10-17 |
Not yet verified for New Mexico: filing fee, service fee, lockout fee. Fields we couldn't source are left blank, never guessed. Found an error? Laws change; tell us via the newsletter reply.
Compare similar states
Mississippi (90, 3 wk) · Montana (90, 3 wk) · New Mexico (90, 3 wk) · Utah (90, 3 wk) · Texas (89, 4 wk)