Legal Question in Landlord & Tenant Law in New Mexico

3 day eviction notice

Tenant has not paid rent which was due on the 1st. This is an on-going problem. He put stop payment on security deposit and last month's rent. If I deliver a three day notice, how much actual time do I have to provide? If delivered at 10 a.m. Saturday, would it be effective Tuesday at 10 a.m. thank you.


Asked on 10/13/07, 10:27 am

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: 3 day eviction notice

The three days begin at midnight of the service of notice. If it is not personally served, i.e. "nail and mail". you must allow an extra five days for mail to reach him.

If you deliver the notice to him today, the three days would be: Sunday, Monday, and Tuesday. Therefore, you can begin eviction proceedings on Wednesday.

If you need more, please feel free to e-mail, or call, my office.

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Answered on 10/13/07, 10:33 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: 3 day eviction notice

I respectfully disagree with Mr. Bennett to the extent that an extra five days are tacked on by mailing. That is not the case. The three days expire at the end of the third day following its service, which includes mailing. See Code of Civil Procedure section 1162.

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Answered on 10/13/07, 1:28 pm


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