N.M. Stat. Ann. § 47-8-33

47-8-33. Breach of agreement by resident and relief by owner.
    A. Except as provided in the Uniform Owner-Resident Relations Act, if there is
noncompliance with Section 47-8-22 NMSA 1978 materially affecting health and safety
or upon the initial material noncompliance by the resident with the rental agreement or
any separate agreement, the owner shall deliver a written notice to the resident
specifying the acts and omissions constituting the breach, including the dates and
specific facts describing the nature of the alleged breach, and stating that the rental
agreement will terminate upon a date not less than seven days after receipt of the
notice if the breach is not remedied in seven days.

   B. Upon the second material noncompliance with the rental agreement or any
separate agreement by the resident, within six months of the initial breach, the owner
shall deliver a written notice to the resident specifying the acts and omissions
constituting the breach, including the dates and specific facts describing the nature of
the alleged breach, and stating that the rental agreement shall terminate upon a date
not less than seven days after receipt of the notice. If the subsequent breach occurs
more than six months after the initial breach, it shall constitute an initial breach for
purposes of applying the provisions of this section.

    C. The initial notice provided in this section shall state that the rental agreement will
terminate upon the second material noncompliance with the rental agreement or any
separate agreement by the resident, within six months of the initial breach. To be
effective, any notice pursuant to this subsection shall be given within thirty days of the
breach or knowledge thereof.

    D. If rent is unpaid when due and the resident fails to pay rent within three days
after written notice from the owner of nonpayment and his intention to terminate the
rental agreement, the owner may terminate the rental agreement and the resident shall
immediately deliver possession of the dwelling unit; provided that tender of the full
amount due, in the manner stated in the notice, prior to the expiration of the three-day
notice shall bar any action for nonpayment of rent.

   E. In any court action for possession for nonpayment of rent or other charges where
the resident disputes the amount owed because:

    (1)    the resident has abated rent pursuant to Section 47-8-27.2 or 47-8-4
NMSA 1978; or
        (2)    the owner has allocated rent paid by the resident as payment for damages
to the premises, then, if the owner is the prevailing party, the court shall enter a writ of
restitution conditioned upon the right of the resident to remedy within three days of entry
of judgment. If the resident has satisfied the judgment within three days, the writ shall
be dismissed. If the resident has not satisfied the judgment within three days, the owner
may execute upon the writ without further order of the court.

    F. Except as provided in the Uniform Owner-Resident Relations Act, the owner may
recover damages and obtain injunctive or other relief for any noncompliance by the
resident with the rental agreement or this section or Section 47-8-22 NMSA 1978.

    G. In a judicial action to enforce a remedy for which prior written notice is required,
relief may be granted based only upon the grounds set forth in the written notice served;
provided, however, that this shall not bar a defendant from raising any and all defenses
or counterclaims for which written notice is not otherwise required by the Uniform
Owner-Resident Relations Act.

    H. When the last day for remedying any breach pursuant to written notice required
under the Uniform Owner-Resident Relations Act occurs on a weekend or federal
holiday, the period to remedy shall be extended until the next day that is not a weekend
or federal holiday.

    I. If the resident knowingly commits or consents to another person in the dwelling
unit or on the premises knowingly committing a substantial violation, the owner shall
deliver a written notice to the resident specifying the time, place and nature of the act
constituting the substantial violation and that the rental agreement will terminate upon a
date not less than three days after receipt of the notice.

    J. In any action for possession under Subsection I of this section, it shall be a
defense that the resident is a victim of domestic violence. If the resident has filed for or
secured a temporary domestic violence restraining order as a result of the incident that
is the basis for the termination notice or as a result of a prior incident, the writ of
restitution shall not issue. In all other cases where domestic violence is raised as a
defense, the court shall have the discretion to evict the resident accused of the violation,
while allowing the tenancy of the remainder of the residents to continue undisturbed.

    K. In any action for possession under Subsection I of this section, it shall be a
defense that the resident did not know of, and could not have reasonably known of or
prevented, the commission of a substantial violation by any other person in the dwelling
unit or on the premises.

   L. In an action for possession under Subsection I of this section, it shall be a
defense that the resident took reasonable and lawful actions in defense of himself,
others or his property.
    M. In any action for possession under Subsection I of this section, if the court finds
that the action was frivolous or brought in bad faith, the petitioner shall be subject to a
civil penalty equal to two times the amount of the monthly rent, plus damages and costs.

History: 1953 Comp., § 70-7-33, enacted by Laws 1975, ch. 38, § 33; 1977, ch. 130, §
1; 1995, ch. 195, § 14; 1999, ch. 91, § 5.