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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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