[NM] How do I evict someone from my home?

How do I evict a person who does not pay rent, utilities, maintenance, or anything for the house. It is an ex-girlfriend.
September 26, 2025 14 4

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How do I evict a person who does not pay rent, utilities, maintenance, or anything for the house. It is an ex-girlfriend.

I understand how challenging it can be to deal with an ex-partner in a situation like this. How long has the person been living in your property without paying rent or utilities?

4 years

Have you already started any formal eviction process, or are you looking for guidance on how to begin?

How to begin

Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they’ll be able to help with your eviction process.

No

Lori

Hello and welcome! I'm Lori, an attorney with many years of experience, and I'm here to help you. I am live with you today.

  1. What city and state is the property located in?
  2. Do you have a written lease agreement?
  3. Have you served an eviction notice in writing yet?

Albuquerque, New Mexico. There has never been a lease. I paid for everything. No eviction notice yet. I want to know what the process is for my situation before I act.

Lori

Understood. Thank you for the information. Please give me some time to review, do some research, and draft my personalized response. I will get back to you as soon as possible.

Thank you

Lori

The first step is the formal notice. Under New Mexico law, you need to serve a 30-Day Notice to Vacate. See NMSA § 47-8-37(B).

Purpose: Terminates a month-to-month tenancy without needing to state a reason.

Requirements:

  • Must be in writing.
  • Must give the tenant at least 30 days’ notice before the intended termination date.
  • Delivery methods include:
    • Hand delivery
    • Posting on the door plus mailing with a certificate of mailing
    • First-class mail with a certificate of mailing

Thank you. I will create a 30-day eviction notice and hand-deliver it since she is living in my house.

Lori

Perfect. You’re welcome.