If you have a tenant that has missed 3 months rent when can you legally evict them?

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If you have a tenant that has missed 3 months rent when can you legally evict them?

Asked on August 30, 2012 under Real Estate Law, New Mexico

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You could begin the eviction proceedings after the first month if you gave them a notice to pay or quit and then notice of intent to evict. Then you file in court and you must serve the motion for eviction at which point the tenant must attend court or petition for delay of hearing.  After you receive your grant for eviction, you can take that order to the court for a final sign off to then have it served on the tenant through the local sheriff.


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