N.M. Stat. Ann. § 47-8-13

Service of notice.

In Force
Verified 10/26/2026 · Next check 11/2/2026
New MexicoService Requirements

Operative Text

N.M. Stat. Ann. § 47-8-13
47-8-13. Service of notice.
   A. A person has notice of a fact if:

       (1)    he has actual knowledge of it;

       (2)    he has received a notice or notification of it; or

      (3)    from all facts and circumstances known to him at the time in question he
has reason to know that it exists.

   B. A person notifies or gives a notice or notification to another by taking steps
reasonably calculated to inform the other in ordinary course, whether or not the other
actually comes to know of it.

   C. A person receives a notice or notification:

       (1)    when it comes to his attention;

      (2)    where written notice to the owner is required, when it is mailed or
otherwise delivered at the place of business of the owner through which the rental
agreement was made or at any place held out by him as the place for receipt of the
communication; or
       (3)    if written notice to the resident is required, when it is delivered in hand to
the resident or mailed to him at the place held out by him as the place for receipt of the
communication, or in the absence of such designation, to his last known place of
residence.

    D. Notwithstanding any other provisions of this section, notice to a resident for
nonpayment of rent shall be effective only when hand delivered or mailed to the resident
or posted on an exterior door of the dwelling unit. In all other cases where written notice
to the resident is required, even if there is a notice by posting, there must also be a
mailing of the notice by first class mail or hand delivery of the notice to the resident. The
date of a posting shall be included in any notice posted, mailed or hand delivered, and
shall constitute the effective date of the notice. A posted notice shall be affixed to a door
by taping all sides or placed in a fixture or receptacle designed for notices or mail.

    E. Notice, knowledge or a notice or notification received by the resident or person is
effective for a particular transaction from the time it is brought to the attention of the
resident or person conducting that transaction, and in any event from the time it would
have been brought to the resident's or person's attention if the resident or person had
exercised reasonable diligence.

    F. Where service of notice is required under the Uniform Owner-Resident Relations
Act, and the item is mailed but returned as undeliverable, or where the last known
address is the vacated dwelling unit, the owner shall serve at least one additional notice
if an alternative address has been provided to the owner by the resident.

History: 1953 Comp., § 70-7-13, enacted by Laws 1975, ch. 38, § 13; 1995, ch. 195, §
5.
Source: Legislative text reproduced verbatim
Plain English

Section 47-8-13 of New Mexico's Uniform Owner-Resident Relations Act establishes how legal notice is given, received, and understood between property owners and residents. A person is considered to have notice of something if they actually know it, have been told about it, or reasonably should have known it from available facts. Written notices must follow specific delivery methods depending on whether they are directed to the owner or the resident, and notices about nonpayment of rent carry especially strict delivery requirements — hand delivery, mailing, or posting on an exterior door — with the posting date serving as the effective date of the notice.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Under NMSA 47-8-13, compliant property owners and managers use delivery methods that match the type of notice being sent: for nonpayment-of-rent notices, they hand deliver, mail, or post the notice on an exterior door of the dwelling unit, and they include the posting date on any posted notice, affixing it securely by taping all sides or placing it in a designated fixture. For all other required written notices, even when posting is used, operators also mail or hand deliver the notice to the resident. When a mailed notice is returned as undeliverable or the last known address is the vacated unit, Section 47-8-13(F) requires sending at least one additional notice if the resident has provided an alternative address.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 47-8-13 sets out the rules that govern when and how a notice from a landlord is legally effective against a resident in New Mexico. Residents have the right to receive nonpayment-of-rent notices only by hand delivery, mail, or posting on an exterior door — and any posted notice must include the date of posting, which becomes the effective date. If a resident believes a notice was not delivered in the manner required by NMSA 47-8-13, that procedural defect may be relevant to any proceeding arising from the notice, and tenant-rights organizations or legal aid services in New Mexico can help residents understand how this provision applies to their situation.

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

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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

N.M. Stat. Ann. § 47-8-3
N.M. Stat. Ann. § 47-8-22
N.M. Stat. Ann. § 47-8-33
N.M. Stat. Ann. § 47-8-20
N.M. Stat. Ann. § 47-8-33
N.M. Stat. Ann. § 47-8-48
N.M. Stat. Ann. § 47-8-20
N.M. Stat. Ann. § 47-8-18
N.M. Stat. Ann. § 47-8-27.2
N.M. Stat. Ann. § 47-8-20
N.M. Stat. Ann. § 47-8-23
N.M. Stat. Ann. § 47-8-33
N.M. Stat. Ann. § 47-8-32
N.M. Stat. Ann. § 47-8-42
N.M. Stat. Ann. § 47-8-15
N.M. Stat. Ann. § 47-8-20
N.M. Stat. Ann. § 47-8-48
N.M. Stat. Ann. § 47-8-39
N.M. Stat. Ann. § 47-8-20
N.M. Stat. Ann. § 47-8-33
N.M. Stat. Ann. § 47-8-39
N.M. Stat. Ann. §§ 47-8-1–47-8-52
N.M. Stat. Ann. § 47-8-23
N.M. Stat. Ann. §§ 47-8-1–47-8-52
N.M. Stat. Ann. §§ 47-8-1–47-8-52
N.M. Stat. Ann. §§ 47-8-1–47-8-52
N.M. Stat. Ann. § 47-8-43
N.M. Stat. Ann. § 47-8-49
N.M. Stat. Ann. §§ 47-8-1–47-8-51
N.M. Stat. Ann. § 47-8-23
N.M. Stat. Ann. § 47-8-18
N.M. Stat. Ann. § 47-8-22
N.M. Stat. Ann. § 47-8-4
N.M. Stat. Ann. § 47-8-3

Related Rules

§ 326
Service of notices, orders and summonses
§ 735
Manner of service; filing; when service complete
§ 8.22.160
Computation of time

Source Information

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