Will the courts accept partial payments for past due rent?

In New Mexico, courts may accept partial rent payments in eviction cases, but this depends on the situation and the landlord’s willingness to accept them. Accepting a partial payment does not automatically stop an eviction or reset the eviction process unless the landlord agrees to it or the court orders otherwise.

When this may be allowed

• If the landlord agrees to accept partial payments and it is documented, this can sometimes prevent eviction.
• Courts may consider a partial payment as evidence of good faith by the tenant.
• Some judges might allow a delay or payment plan if the tenant shows a genuine effort to pay.

What the landlord can do

• Choose to accept or refuse partial payments.
• Require full payment to continue the tenancy according to the lease terms.
• Proceed with eviction if rent remains unpaid after proper notice and legal process, even if partial payments were made.

What the landlord cannot do

• Ignore tenant’s partial payments without communication.
• Assume that a partial payment alone legally cancels the eviction process unless agreed.
• Evict a tenant without following proper legal notices and court procedures.

What the landlord should do

• Communicate clearly with the tenant about payment expectations.
• Document any partial payment agreements in writing.
• Follow the eviction process as required by New Mexico law, including giving proper notices.

Important

Local rules or lease agreements may affect how partial payments are handled. Landlords should stay informed about New Mexico’s eviction laws and consider consulting with a local attorney or housing authority if unsure.