National Eviction

How long does an eviction take in New Mexico?

For landlords and property managers · Updated September 2026

The written deadlines let an uncontested eviction for unpaid rent in New Mexico finish in about 2 to 3 weeks at the fastest, before time to file, serve the tenant and get on the court's calendar.

The New Mexico eviction timeline, step by step

Calendar days for a nonpayment case the tenant does not contest. Business and court days are converted to calendar days.

  1. 1Notice for unpaid rent

    3 days

    From serving the notice until you can file.

    3-day pay-or-quit notice

    From our guide: “Unpaid rent: three-day notice (§ 47-8-33(D)). The written notice must state the nonpayment and your intention to terminate the rental agreement.”

  2. 2Court case

    7 to 10 days

    From filing through service and the answer period or first hearing, to a judgment for possession.

    Trial 7 to 10 days after service of summons

    From our guide: “Trial on an owner's petition must be set not less than seven nor more than ten days after service of the summons”

  3. 3Judgment to possession

    3 to 7 days

    Any waiting period before the writ issues, plus the officer's notice before the lockout.

    Writ issues 3 to 7 days after judgment

    From our guide: “issues a writ of restitution directing the sheriff to restore possession on a specified date not less than three nor more than seven days after entry of judgment”

What can slow it down

  • Notice takes effect on receipt (or when posted, if mailed alone is not enough), so add delivery time when a notice is mailed.
  • A defective notice is the most common reason a case is dismissed and has to start over. Check the form and the delivery method in the full guide before you serve it.
  • A tenant who files an answer, raises a defense or appeals adds hearings and waiting periods. Busy urban dockets can add weeks at every stage.
  • Never change the locks or shut off utilities yourself. Self-help eviction is illegal in every state and can cost more than the unpaid rent.

Read the full New Mexico eviction guide, with the statute or rule behind each step.

New Mexico scores 10 of 10 on our landlord-friendly states map (most landlord-friendly).

Compare eviction timelines in every state.

This timeline is general information for landlords, not legal advice. Deadlines change and courts vary by county. Confirm current rules with a licensed New Mexico attorney before acting.