The New Mexico timeline, with dates
Here is the order of events when rent due on the 1st goes unpaid, using New Mexico's numbers and an example notice served on the 5th.
- The 1stRent is due (the example due date used throughout this page).
- Late feeIf the lease provides for one, the late fee may not exceed 10% of rent per rental period; notice of the fee must be given by the last day of the next rental period.
- The 5th (example)You serve the notice: 3-day written notice to pay rent or the rental agreement terminates (N.M. Stat. § 47-8-33(D)).
- Not before the 8thThe 3-day period runs out. The exact last day depends on how the statute counts days and on how the notice was delivered.
- Earliest filingIf rent is still unpaid once the notice period has fully run, you can file an eviction case.
The dates are the earliest the numbers allow, not a promise: how days are counted, weekends, and the way the notice is delivered can all push them later. Read N.M. Stat. § 47-8-33(D) before you serve anything.
The notice for unpaid rent
3-day written notice to pay rent or the rental agreement terminates. N.M. Stat. § 47-8-33(D) (via Nolo)
Among the 31 states we have verified, 3 require no notice at all, 10 others use the same 3 days as New Mexico, and 17 require a longer one. Among states that require a notice, the median is 7 days.
Late fees and the grace period
If the lease provides for one, the late fee may not exceed 10% of rent per rental period; notice of the fee must be given by the last day of the next rental period. N.M. Stat. § 47-8-15(D) (via Azibo)
Statutory limit: 10% of the total rent payment for each rental period in default.
| Monthly rent | Maximum late fee |
|---|---|
| $1,000 | $100 |
| $1,500 | $150 |
| $2,500 | $250 |
Assumes the whole month's rent is unpaid and the lease provides for a late fee.
New Mexico is in the minority with a statutory limit. 12 of the 31 verified states cap late fees by statute, and 10 set a grace period before one can be charged.
What else to know in New Mexico
Notes from our review: Official NMOneSource not readable by script; figures from Nolo and an Azibo quotation of the statute.
Cities and counties can add their own rules on top of the state’s. At “covered properties” under the federal CARES Act — generally those with a federally backed mortgage or federal subsidies — a 30-day notice to vacate for nonpayment is required in every state.
New Mexico and its neighbors
| State | Notice | Grace period | Late-fee cap | Source |
|---|---|---|---|---|
| New Mexico | 3 days | None statewide | 10% of rent | Unverified |
| Arizona | 5 days | None statewide | No statutory cap | Verified |
| Colorado | 10 days | 7 days | Greater of $50 or 5% | Verified |
| Oklahoma | 5 days | None statewide | No statutory cap | Unverified |
| Texas | 3 days | 2 days | 12% / 10% presumed reasonable | Verified |
| Utah | 3 business days | None statewide | Greater of $75 or 10% | Unverified |
Notice periods across the 31 verified states
| Notice before filing | States |
|---|---|
| No pre-filing notice | 3 |
| 3 days | 10 |
| 5 days | 3 |
| 7 days | 3 |
| 10 days | 5 |
| 14 days | 6 |
| No fixed number | 1 |
Sources
- Notice for unpaid rent: N.M. Stat. § 47-8-33(D) (via Nolo)
- Late fees and grace period: N.M. Stat. § 47-8-15(D) (via Azibo)
- Status: secondary sources only — the statute text itself has not been read yet.