New Mexico Lease Termination Letter

Introduction

Key Things to Know

1. 1

   The owner or the resident may end a month-to-month residency by written notice given at least 30 days before the periodic rental date specified in the notice (NMSA 1978, 47-8-37(B)). The termination date should fall on a rental date.

2. 2

   A week-to-week residency ends by written notice from either party at least 7 days before the termination date in the notice (47-8-37(A)). Unless the agreement says otherwise, a resident who pays rent weekly is week-to-week and all others are month-to-month (47-8-15(C)).

3. 3

   A fixed term expires on its end date; the notice periods in 47-8-37 cover periodic residencies, so check the rental agreement for its own notice clause. An owner who wants to raise the rent must give 30 days' written notice before the end of a fixed term (47-8-15(F)).

4. 4

   If a resident stays without the owner's consent after the term ends or the agreement is terminated, the owner may bring an action for possession, and a willful, bad-faith holdover adds damages and attorney fees (47-8-37(C)). Staying with the owner's consent creates a periodic tenancy. Retaliation by an owner is prohibited (47-8-39).

5. 5

   A resident may give written notice of the owner's material noncompliance, specifying the breach, stating the agreement will end on a date at least 7 days after receipt unless the owner makes a reasonable attempt to remedy it within 7 days (47-8-27.1(A)(1)). After a fire or casualty that substantially impairs enjoyment, a resident may vacate and notify the owner in writing within 7 days, ending the agreement as of the vacating date (47-8-31(A)(1)).

6. 6

   A notice to the owner is received when mailed or delivered to the owner's place of business or designated place. A notice to the resident is given by hand delivery or by mail to the designated place or last known residence. For a notice other than for rent, posting alone is not enough: the owner must also mail it first class or hand deliver it, and state the posting date in the notice (47-8-13).

7. 7

   The owner provides an itemized list of deductions within 30 days of the termination or the resident's departure, whichever is later (47-8-18(C)).

New Mexico Requirements for Lease Termination Letter

• 30 Days Before the Rental Date

  The owner or the resident ends a month-to-month residency by written notice at least 30 days before the periodic rental date specified in the notice (NMSA 1978, 47-8-37(B)).

• Week-to-Week 7-Day Notice

  Either party ends a week-to-week residency by written notice at least 7 days before the termination date in the notice (47-8-37(A)).

• Holdover After the Term

  A resident who stays without consent after the term ends faces an action for possession, with damages and attorney fees for a willful, bad-faith holdover. Staying with consent creates a periodic tenancy (47-8-37(C), 47-8-15(C)).

• Material Noncompliance Termination

  Written notice specifying the owner's breach, ending the agreement on a date at least 7 days after receipt unless the owner makes a reasonable attempt to remedy within 7 days (47-8-27.1(A)(1)).

• Fire or Casualty Termination

  After a fire or casualty substantially impairing enjoyment, the resident vacates and notifies the owner in writing within 7 days; the agreement ends as of the vacating date (47-8-31(A)(1)).

• Delivery by Sender

  Notices to the owner are mailed or delivered to the owner's place of business or designated place. Notices to the resident are hand delivered or mailed; posting a non-rent notice must be paired with first class mail or hand delivery (47-8-13).

• Forwarding Address and Deposit Deadline

  The letter gives a forwarding address. The owner sends an itemized list of deductions within 30 days of termination or departure, whichever is later (47-8-18(C)).