Landlord Help Section If you would like to look at and print AANM's presentation of the NM Owner Resident Relations Act, click here.

This section is designed to help landlords with frequently asked questions. If you have a question that is not listed here, you can e-mail steves@aanm.org. If you are a Non-Member Landlord or Tenant with questions, you can contact Law Access of New Mexico at (505) 998-4529. Their office hours are Monday-Friday 9AM-3PM.

My Resident has not paid rent. What do I do?

You will need to serve the resident with a Three Day Notice of Non-Payment of Rent. If they do not pay you within those three days, (the third day can not cure on a weekend day or a holiday) then you need to file a Petition for Restitution with the Civil Court in your county.

What happens after I file the Petition?

You will need to have the paperwork given to you by the Clerks served by either the sheriff or a process server. You will be given a court day (usually 10 to 14 days after the papers are filed.) and then you will need to appear in court on that day with your file and all documentation. The judge will usually award in your favor a Writ of Restitution and will give the resident between 3 (if no children in the unit) and 7 days to move out.

What happens if my resident does not move out?

You will need to go back to the same Civil Court office where you filed your Petition for Restitution and ask them for a copy of your Writ of Restitution. You then take this form to the County Sheriffs Department and they will come out within 24 to 48 hours and lock the resident out of the apartment.

My Resident has moved out and there are items left in the apartment. What do I do with it?

If the Resident was locked out by the sheriff in an eviction, then you hold the items for three (3) days and then dispose of the items. If the Resident moved on their own and left items, you will need to store them for thirty (30) days and then after those 30 days keep a record of how you disposed of the items.

My Resident has not paid rent. Can I change the locks on them?

No. The Owner Resident Relations Act does not allow for lock outs unless the landlord has gone through the eviction process and the sheriff is present.

I have a Resident who is constantly breaking the rules. Can I kick him out?

Your first step will be to serve a Seven Day Notice of Non-Compliance. In this notice, you will need to detail the problem and what you expect the resident to do to correct this problem. The Resident will then have seven (7) days to correct the problem. If the problem is not corrected in seven days, you can then serve a second Seven Day Notice which means that the resident will have to move in seven days. If the resident does not move, then you will need to go to court. Before going to court on a seven day notice, you will need to make sure that you have witnesses lined up to support your claims on non-compliance. Written Statements will not be accepted by the judge. You must have actual witnesses present at the hearing.

My Residents lease is up and I do not want to renew it. Do I have to give them a reason?

No, the NM Owner Resident Relations Act does not require that you give a reason for non-renewal of a rental agreement, just as your Resident does not have to give you a reason when they turn in their notice.

As the Owner or Manager of the Property, do I have a right to enter my unit?

Yes, as long as you give the resident twenty-four (24) hour written notice of your intent to enter and your reason for entry. The only time you do not need a 24 hour notice is in the event of an emergency in the unit.