A landlord can serve form CV-106 New Mexico 7 Day Notice of Non-Compliance to the tenant for violating the terms of the tenancy within the jurisdiction of New Mexico State per NMRA Rule 4-902 and Uniform Owner-Resident Relations Act. However, this legal instrument is not suitable for serving the eviction notice to the tenant upon non-payment of the rent. This form CV-106 has a provision to provide an opportunity to the tenant to correct the violation and damages arriving due to it. A landlord can use the same form to send first or second notice of violation; however, the nature of the termination of the rental agreement is different in both cases. A landlord must review the entire document carefully and serve this notice of non-compliance to the tenant in a legally accepted manner. Please retain 2 copies of the notice served to the tenant with information about the mode of serving notice and the name of the person serving or delivering the notice to the tenant.
Important Considerations
- Prepare form CV-106 in its entirety.
- Take adequate care to furnish information about the mode and the name of the person serving the notice.
- Provide detailed information about non-compliance or violation of the terms and conditions of the tenancy.
- Understand the provisions specified in NMRA Rule 4-902 and Uniform Owner-Resident Relations Act prior to proceeding.
- Do not use form CV-106 in the case of notice of non-payment of rent.
4 Steps to Prepare New Mexico 7 Day Notice of Non-Compliance
- Step 1: Enter the legal name of the tenant. Continue by entering the detailed address of the tenant. You need to serve the notice to this address. Enter the detailed address of the property or premises under the lease where the violation of the tenancy terms has occurred.
- Step 2: Enter date and provide detailed information about the non-compliance or violation of the tenancy terms and conditions. You may choose to attach separate pages to describe the problem descriptively. Select if you are serving the first notice or the second by marking the appropriate box.
- Step 3: Enter the date of preparing and serving the notice and sign in the capacity as landlord, owner, or authorized representative / agent of the landlord. Your signature on form CV-106 is mandatory for its execution.
- Step 4: The last portion of the notice form requires inputs about the mode of serving the notice. Select if the notice is served in person to the tenant, posted in a visible location on the premises like the front door, or mailed by return receipt requested certified mail. Continue by selecting the appropriate box from Delivered, Posted, or Mailed, provide information about time and date of delivering, posting, or mailing the notice, and enter the name of the person that served the notice.
