If my tenant didn’t pay rent, how long until I can evict or notify police to help with his belongings?

UPDATED: Nov 6, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my tenant didn’t pay rent, how long until I can evict or notify police to help with his belongings?

Rent is due the end of the month. I’ve tried to contact, leave messages with all his references and went by the house. No one has answered and no one is home. He has a dog that I heard barking in the home. How long until I can evict or can I go into the home without them calling back just to make sure the dog ain’t messing up the home? Do I get police involved first before I go in?

Asked on November 6, 2011 under Real Estate Law, New Mexico


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In order to evict a tenant, you have to go through statutory requirements and cannot get law enforcement involved in a civil matter. You have the option of serving the tenant a thirty (30) day notice to terminate the lease due to failure to pay rent when due.

Or, you can serve a three (3) day notice to pay or quit if you wish to tenant to possibly remain as a tenant where you are mostly concerned about just getting the rent check. I suggest that you consult with a landlord tenant attorney about the situation before you serve any notices. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption