N.M. Stat. Ann. § 35-10-1
Forcible entry or detainer; grounds.
Operative Text
35-10-1. Forcible entry or detainer; grounds.
A. A civil action for forcible entry or unlawful detainer of real property is commenced
by the filing of a civil complaint alleging that one or more of the following facts exists:
(1) the defendant entered and occupied the lands and tenements of another
against the will or consent of the owner and refused to vacate the premises after notice
by the owner or his agent or attorney;
(2) the defendant holds over after the termination, or contrary to the terms of,
his lease or tenancy;
(3) the defendant fails to pay rent at the time stipulated for payment;
(4) the defendant continues in possession after a sale by foreclosure of
mortgage or on execution unless the defendant claims by a title paramount to the
mortgage under which the sale was made or by title derived from the purchaser at the
sale; or
(5) the defendant is a tenant from month to month or a tenant at will and
continues in possession of the premises after thirty days' written notice by the owner or
his agent or attorney to vacate.
B. The district court of the county in which the real property is located has
concurrent original jurisdiction in civil actions for forcible entry or unlawful detainer when
the rent contracted for amounts to fifty dollars ($50.00) or more a month or when the
reasonable rental value of the premises is fifty dollars ($50.00) or more a month.
History: 1953 Comp., § 36-12-1, enacted by Laws 1968, ch. 62, § 122.Section 35-10-1 of New Mexico's Magistrate Court statutes defines the circumstances under which a landlord may initiate a civil action for forcible entry or unlawful detainer — essentially, a court-supervised eviction proceeding. The five recognized grounds include unauthorized occupation of property, holding over after a lease ends or in violation of its terms, nonpayment of rent, remaining in possession after a foreclosure sale, and staying beyond a thirty-day written notice given to month-to-month or at-will tenants. When monthly rent is $50 or more, both magistrate and district courts have jurisdiction over these cases.
Plain English — not legal advice.
Under NMSA § 35-10-1, a compliant operator who needs to recover possession of a rental unit initiates the process by filing a civil complaint in magistrate court — or district court when monthly rent meets the $50 threshold — and alleges one of the five enumerated grounds. Operators generally ensure that any required written notice (such as the thirty-day notice for month-to-month tenancies under subsection A(5)) is properly served before filing, and that the complaint accurately identifies the applicable ground. Maintaining clear records of lease terms, rent payment history, and any notices delivered helps support a well-documented complaint under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA § 35-10-1 sets out the only grounds on which a landlord may lawfully commence a forcible entry or unlawful detainer action against a tenant in New Mexico, meaning a court proceeding cannot be initiated on grounds outside those five categories. Tenants who believe a complaint does not accurately allege one of the enumerated grounds — for example, that proper written notice was never given for a month-to-month tenancy — may raise that issue as a defense in the court proceeding. Tenant-rights organizations and legal aid offices in New Mexico can help tenants understand how this provision applies to their circumstances and what options exist for responding to a filed complaint.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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