New Mexico Month-to-Month Lease Agreement

Last Updated: May 22, 2025 by Roberto Valenzuela

A New Mexico month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement renews monthly, until either party gives proper notice to end it.

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For information about New Mexico fixed-term leases (rentals for a term of one year or more), click here.

Basics of a New Mexico Month-to-Month Rental Agreement

In New Mexico, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.

Parties under a month-to-month lease have full rights under New Mexico landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.

The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party, for any reason, without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.

Required Disclosures for Month-to-Month Rentals in New Mexico

New Mexico landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:

  • Landlord’s Name and Address – Leases must give the landlord’s name and address, or that of their authorized agent. This allows required communication (for example, about repairs) to happen in a smooth way. Typically includes additional contact information, such as phone numbers and email addresses.
  • Late Fee Disclosure – New Mexico only enforces late fees agreed in the lease, including the fee amount and the timeline for charges.
  • Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.

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The state page for fixed-term leases may have more detailed information on required disclosures.

Required Notice To End a Month-to-Month Rental in New Mexico

New Mexico lets both the landlord or tenant end a month-to-month lease with at least 30 days of advance notice. In general, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation.

New Mexico requires written notice to end a month-to-month lease. In general, notice must be mailed to a party’s address of record, or delivered by hand.

Required Notice To Raise the Rent on a New Mexico Month-to-Month Lease

New Mexico requires at least 30 days of advance notice to raise the rent. Notice must be in writing, either hand-delivered or mailed to the address of record.

Eviction in New Mexico Month-to-Month Rentals

New Mexico tenants may get evicted if they violate lease terms or stay on the property after the notice period allowed by a valid termination. Evictions in New Mexico typically take two to seven weeks.

For more information on the eviction process in New Mexico, click here.

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