EvictionMath › States › New Mexico

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.

Not legal advice. Eviction laws change and vary by county and city. These are estimates from public sources, last checked 2026-10-17. Talk to a local landlord-tenant attorney before you act.
3 wkstypical, notice to lockout
3 daysnotice for unpaid rent
unverifiedcourt filing fee
90/100landlord-friendliness

New Mexico eviction timeline, step by step

  1. Notice to pay or leave 3 dayssecondary source
    3 days to pay or move (N.M. Stat. § 47-8-33(D)) source
  2. 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
  3. Judgment to lockout 3-7 daysofficial source
    Eviction date 3-7 days after judgment source
  4. 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

CostAmountNotes
Court filing fee$55-$175Not verified for New Mexico; the calculator uses the national default range. unverified
Serving the tenant$30-$77Not verified for New Mexico; the calculator uses the national default range. unverified
Sheriff/marshal lockout$75-$180Not verified for New Mexico; the calculator uses the national default range. unverified
Lawyer, uncontested$500-$1,500National rough estimate, not state-specific estimate
Lawyer, contested$2,000-$5,000+National rough estimate estimate
Median gross rent$1,117/moCensus ACS 2024 1-year (±$25) data file

Tenant protections

Statewide rent controlNoNone statewide found in the sources we checked
Statewide just-cause rulesNoNone statewide found in the sources we checked
Right to counsel for tenantsNoNone statewide found in the sources we checked
Seasonal or weather limitsNoNone statewide found in the sources we checked
Required mediation / pre-filing programNoNone statewide found in the sources we checked

Eviction cost calculator for New Mexico

Pre-filled with the New Mexico median gross rent (Census ACS 2024).
Turnover and re-rent defaults are placeholders. Use your own numbers.

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

FieldSource typeLinkChecked
Notice periodsecondary sourcewww.nolo.com2026-10-17
Court deadlinesofficial sourcemetro.nmcourts.gov2026-10-17
Judgment to lockoutofficial sourcelaw.justia.com2026-10-17
Appealofficial sourcemetro.nmcourts.gov2026-10-17
Filing feeunverifiednone yet2026-10-17
Service feeunverifiednone yet2026-10-17
Lockout feeunverifiednone yet2026-10-17
Median rentofficial sourcecensus.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)

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