New Mexico tenant did not pay rent
When New Mexico residential rent is unpaid when due, §47-8-33(D) permits a written three-day notice of nonpayment and intent to terminate. The resident has three full days beginning the day after delivery to tender the full amount in the stated manner. If the final remedy day is a weekend or federal holiday, §47-8-33(H) extends it. An eviction requires court process.
- Demand supported rent after payments and credits.
- State how full payment will be accepted.
- Allow three full days starting the day after actual delivery.
Built around the requirements of NMSA 1978 §47-8-33(D), (H).
How are three days counted?
The New Mexico Court of Appeals held in Cheng v. Rabey that three full days begin the day after service; the owner cannot terminate or file until the following day. The final remedy day extends for a weekend or federal holiday.
What if rent is tendered?
Full timely tender in the manner stated in the notice bars this nonpayment action under §47-8-33(D). Disputed amounts, abatement and allocation issues need individual review.
What follows notice?
If the period ends without full payment and no defense changes the claim, the owner may seek possession through the New Mexico courts. The notice is not a removal order.
Common mistakes to avoid
New Mexico legal authority
Legal information reviewed October 6, 2026.
Learn more
Frequently asked questions
Are New Mexico's three rent-notice days business days?
No. Cheng v. Rabey counts three full days beginning the day after service, with an extension if the last remedy day falls on a weekend or federal holiday.
Can the owner file on the third day?
No. Cheng says the full third day must pass before filing or terminating for nonpayment.
Need to prepare the New Mexico notice?
Use the guided LandlordAnswers workflow. It applies the state-specific rules, collects only the facts that affect the result, and keeps document generation inside the browser.
Start New Mexico Nonpayment Tool