Tenant won't move out in New Mexico
Under NMSA 1978 §47-8-37(C), when a resident remains after a term expires or the tenancy terminates without owner consent, the owner may bring a court action for possession. The right to possession depends on the actual notice, remedy, agreement and consent facts; a notice alone is not an eviction order. NMSA 1978 §47-8-37(C)
Verify the fixed term or valid termination notice actually expired.
Check timely rent payment, remedy and any new agreement.
Record whether the owner consented to continued occupancy.
Seek possession through court; do not remove the resident yourself.
What happens next
The tool screens the ending basis and routes supported holdovers to New Mexico court resources without inventing a second generic notice.
Start the New Mexico toolLegal information reviewed October 6, 2026. LandlordAnswers is not a law firm and does not provide legal advice.