New Mexico Month-to-Month Lease Agreement

Last Updated: April 5, 2022 by Elizabeth Souza

A New Mexico month-to-month lease agreement is a contract (written or oral) that allows a tenant to rent property from a landlord, in exchange for a fee (“rent”), for a period of thirty days at a time. The agreement remains active until either party gives proper notice to end it.

Note: For fixed term leases in New Mexico (i.e., 1-year), click here.

How do New Mexico Month-to-Month Lease Agreements Work?

A landlord and tenant can enter into a month-to-month lease through a written contract or oral agreement. It does not have to be written.

Once the lease is active, both parties are given full rights under New Mexico landlord tenant law. This includes the landlord’s responsibility to provide a habitable living space, the tenant’s responsibility to pay rent in a timely manner and all other rights and responsibilities.

How Much Notice is Needed to End the Lease?

In New Mexico, either party may terminate a month-to-month lease agreement by giving at least 30 days’ notice.  NM Stat § 47-8-37

Notice must be provided in written form.

How Much Notice is Needed to Raise the Rent?

New Mexico landlords must provide at least a 30 days’ notice to increase the rent. NM Stat § 47-8-15

Notice must also be provided in written form.

Are There Notice Delivery Requirements?

In New Mexico there are notice delivery requirements. In the case of the landlord, notice must be delivered or mailed to the place of business or to any place that is designated by the landlord as the place for receipt of communication.

In the case of the tenant, the notice must be delivered to the place that is designated in the lease agreement as the place for receipt of communication or if there is no designation of place then to the last known place of residence. NM Stat § 47-8-13 

How are Month-to-Month Tenants Evicted in New Mexico?

After the landlord gives proper notice, and that period of time elapses, the lease expires and is no longer active.

If a tenant remains on the property after lease expiry, the landlord may move forward with the eviction process to remove the tenant by filing a complaint with the applicable county court in New Mexico. The process for eviction can be completed in 2 -7 weeks, but can take longer depending on the circumstances.

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