What to do if I gave my tenant a 30 day notice to terminate their month-to-month lease because of unauthorized occupants but now they refuse to move?

What am I suppose to do if they don’t move out? They were given an eviction notice. Do I need to accept their payment for net month?

Asked on July 31, 2012 under Real Estate Law, New Mexico


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you truly want to evict them then do not accept the rent.  You need to file a petition for eviction with the court once the 30 days has lapsed and they have not moved.  It is a summary proceeding meaning that they are adjudicated quickly.  You may want legal help here.  Good luck.

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