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New Mexico 3-Day Notice of Nonpayment
Download a New Mexico residential nonpayment packet built around official Supreme Court Form 4-901 / CV-104. The English and bilingual English/Spanish notices are included as fillable PDFs with the official text unchanged, plus editable Word instructions, a service/payment record, and a #10 envelope companion.
This New Mexico packet helps you complete the official 3-Day Notice of Nonpayment, choose and document § 47-8-13(D) service, preserve posting and mailing proof, track payment tenders, and avoid filing before the full three-day period has run.
The operative tenant notices are the official New Mexico Supreme Court CV-104 forms in English and bilingual English/Spanish. PublicLegal adds fillable blanks and checkboxes but does not rewrite the official notice.
Complete the official New Mexico Form 4-901 PDFs by typing into blanks and checking boxes. Use the editable Word companions for instructions, service/payment records, and envelope preparation; do not alter or recreate the official notices.
Use the instructions and service record to document hand delivery, mailing, or posting under § 47-8-13(D), calculate the three-day deadline, and track full or partial payment tenders before filing.
This product includes five files: the official New Mexico Supreme Court Form 4-901 / CV-104 notice in English and bilingual English/Spanish as fillable PDFs, plus three editable Word companions — Notice Instructions, Notice Service Record, and #10 Mailing Envelope.
Self-help notice overview
New Mexico nonpayment uses official Supreme Court Approved Form 4-901 / CV-104. This packet bundles the official English form and the official bilingual English/Spanish form as fillable PDFs. You complete blanks and checkboxes; you do not alter the official text or layout.
Section 47-8-33(D) gives the tenant three days after written notice to pay, and full tender before the period expires bars a nonpayment action. If the last day falls on a weekend or federal holiday, § 47-8-33(H) extends the deadline to the next non-weekend, non-federal-holiday day.
Service is landlord-side prefiling service under § 47-8-13(D): hand delivery, mailing, or posting. If posted, the notice must be dated and taped on all sides or placed in a mail receptacle, and the date of posting is the effective date. A notice is not an eviction order, and court-stage materials are separate.
This page highlights the current downloadable New Mexico 3-Day Notice of Nonpayment packet, including two official fillable PDFs and three editable Word companions. The state-specific guidance below explains official-form use, fillable-not-editable limits, three-day timing, weekend/federal-holiday deadline extension, § 47-8-13(D) service, payment-tender records, premature-filing risk, and no-self-help considerations before checkout.
The complete New Mexico 3-Day Notice packet is available immediately after checkout. Use the state-specific guidance below to complete the official fillable Form 4-901 PDFs without altering them, document § 47-8-13(D) service, calculate the full three-day period, track payment tenders, and preserve companion records before serving or filing.
Reviewed against the New Mexico court forms and statutes linked below.
Primary New Mexico court forms and statutes are linked for self-help research. Confirm the Form 4-901 / CV-104 revision, rent ledger, notice-service method, posting details, payment/tender history, public/subsidized/federal overlays, SCRA status, mobile-home-park issues, tribal or Indian Country facts, and current court practice before serving or filing.
Quick answer
Use this New Mexico 3-Day Notice of Nonpayment packet for ordinary residential rent nonpayment under N.M. Stat. § 47-8-33(D). The packet bundles the official New Mexico Supreme Court Form 4-901 / CV-104 in English and bilingual English/Spanish as fillable PDFs, plus three editable Word companions for instructions, service/payment records, and a #10 envelope.
New Mexico is an official-form packet. The tenant-facing notices are the New Mexico Supreme Court Approved Form 4-901 / CV-104 in English and the official bilingual English/Spanish CV-104 from New Mexico Courts Language Access Services. PublicLegal does not recreate the notice as a Word form.
Both notices are fillable PDFs — type into every blank and check the boxes on screen, then print. The forms the New Mexico courts publish are flat; we add the interactive fields. The official text is unchanged: you complete the form, you do not alter it.
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No. The operative notices are official New Mexico Supreme Court Form 4-901 (CV-104) PDFs in English and bilingual English/Spanish. PublicLegal adds fillable blanks and checkboxes so you can complete the official forms on screen, but the official text and layout stay unchanged. The editable Word files are the companion instructions, service record, and envelope.
The official form is public. This packet gives you the current official English and bilingual forms with fillable fields added, plus the New Mexico-specific workflow the flat court download does not provide: service choices, posting requirements, deadline tracking, payment/tender records, and a prefiling record tied to the full three-day period.
Count from the effective date of written notice under New Mexico law. For hand delivery or mailing, document the delivery or mailing details. For posting, the date of posting is the effective date if the notice is dated and taped on all sides or placed in a mail receptacle. Give the tenant the full three days, and if the last day falls on a weekend or federal holiday, extend the deadline to the next non-weekend, non-federal-holiday day.
The landlord or landlord’s agent serves this prefiling notice. It is not a marshal-, sheriff-, or court-served notice. Use hand delivery, mailing, or posting under § 47-8-13(D), and keep proof in the service record.
If the notice is posted, § 47-8-13(D) says it must be dated and either taped on all sides to the premises or placed in a mail receptacle at the premises. The date of posting is the effective date. Keep a photo, witness note, and exact copy of the posted notice when posting is used.
Use the official form’s blanks for the rent due and payment details. Keep non-rent charges, disputed amounts, damages, deposits, court costs, attorney fees, and future rent separate unless New Mexico counsel approves after reviewing the lease and facts.
Under § 47-8-33(D), tender of the full amount due before the notice period expires bars the nonpayment action. Track full, partial, late, disputed, or conditional tenders in the service/payment record and get counsel advice before refusing or filing when payment issues are unclear.
No. The notice is not an eviction order. If the tenant does not pay within the full period, a landlord still needs a separate owner-resident-relations court case and lawful judgment before possession changes. Cheng v. Rabey warns that filing before the full three days have run is premature.
No. The bundled Spanish file is the official New Mexico Courts bilingual English/Spanish version of CV-104. It is expected to show both languages side by side and carries the same 12/31/20 revision basis.