New Mexico Residential Lease Termination Notice

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Purpose. A New Mexico lease termination letter (“Notice to Vacate”) is a required document to end month-to-month lease agreements in New Mexico. State law requires giving at least 30 days notice for termination. However, state law does not require notice to be given to end fixed term lease agreements on their end date.

Read further to learn more about notice requirements and the residential lease termination process in New Mexico.

New Mexico Notice Requirements for Lease Termination by Tenant

  • There is no notice required for a fixed-term lease agreement; when the lease ends, the tenant can move out.
  • A tenant who has a month-to-month agreement will need to give the landlord a 30-day notice to vacate.
  • According to statute § 47-8-37(A), when a tenant has a week-to-week rental agreement, they will need to give at least a seven-day notice.

Legally Terminating a Lease Early in New Mexico

  • The landlord has violated the rights of the tenant by entering the property without notice. In New Mexico, the landlord must give a 24-hour notice to enter the premises.
  • The rental unit is uninhabitable according to New Mexico housing codes. 
  • The tenant is beginning active service in the military. All that the tenant needs to do in this case is to provide a 30-day notice to the landlord. This only applies to uniformed branches of the military.