N.M. Stat. Ann. § 35-10-3
Forcible entry or detainer; special provisions.
Operative Text
35-10-3. Forcible entry or detainer; special provisions.
A. Except as provided in Section 35-10-1 NMSA 1978, three days' notice in writing
to quit must be given to the defendant before a civil action for forcible entry or unlawful
detainer may be filed.
B. The return day of the summons in an action for forcible entry or unlawful detainer
shall be not less than three, nor more than ten, days from the time of service of the civil
complaint and summons on the defendant. Except by consent of the parties, no
continuance shall be granted for more than ten days.
C. The questions of title or boundaries of land shall not be investigated in an action
for forcible entry or unlawful detainer, but the action does not prevent a party from
testing the right of property in any other manner. An action for forcible entry or unlawful
detainer may not be brought in connection with any other action, nor may it be made the
subject of setoff.
D. The right of a landlord in an action for forcible entry or unlawful detainer is not
affected by the underleasing of his tenant.
E. When a lessee has been induced to take a lease by means of force, fraud or
intimidation, he may plead a paramount title in himself, an outstanding title or the want
of title in the lessor.
F. Legal representatives of a person who, if alive, might have brought an action for
forcible entry or unlawful detainer may bring the action after his death.
G. All laws and procedures governing magistrate courts apply to actions for forcible
entry or unlawful detainer in the magistrate court except as otherwise provided by law.
History: 1953 Comp., § 36-12-2, enacted by Laws 1968, ch. 62, § 123.Under NMSA § 35-10-3, before a landlord can file a civil action for forcible entry or unlawful detainer in New Mexico magistrate court, the occupant must first receive at least three days' written notice to quit. Once a complaint and summons are served, the court date must be set between three and ten days out, and continuances are generally limited to ten days without both parties' agreement. The provision also restricts the scope of these proceedings — questions of land title or boundaries cannot be resolved in this type of action, and the action cannot be joined with other claims or used as a basis for setoff.
Plain English — not legal advice.
Property owners and managers operating under NMSA § 35-10-3 generally ensure that a written three-day notice to quit is properly served on the occupant before initiating any magistrate court filing for forcible entry or unlawful detainer. Compliant operators are also aware that the magistrate court hearing will be scheduled on a tight timeline — typically within three to ten days of service — and that continuances beyond ten days require the other party's consent. Because title disputes and boundary questions fall outside the scope of these proceedings, operators typically address any such issues through separate legal channels.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under NMSA § 35-10-3, a tenant has the right to receive at least three days' written notice to quit before a landlord may file a forcible entry or unlawful detainer action in magistrate court. If a tenant was induced to sign a lease through force, fraud, or intimidation, § 35-10-3(E) allows that tenant to raise defenses related to the landlord's title or the tenant's own claim to the property. Tenants who believe proper notice was not given, or who have other defenses, may wish to consult a tenant-rights organization or legal aid provider familiar with New Mexico magistrate court procedures to understand the options available to them.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation