A New Mexico lease termination notice is a document which officially announces the upcoming end of a rental tenancy. Either a landlord or tenant may give notice, in most cases at least 30 days in advance.
Types of New Mexico Lease Termination Notice Forms
| Notice Form | Lease Type |
| 7 Day Notice To Terminate Tenancy | Weekly |
| 30 Day Notice To Vacate | Monthly / Yearly |
New Mexico 7 Day Notice To Terminate Tenancy
A New Mexico 7 Day Notice To Terminate Tenancy terminates a week-to-week lease, and situations with no written lease where the tenant pays rent weekly. The non-terminating party must receive notice at least seven (7) calendar days before the date of termination.
New Mexico 30 Day Notice To Vacate
A New Mexico 30 Day Notice To Vacate terminates a rental agreement, including a month-to-month or year-to-year lease as well as expired leases and situations without a written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
How To Write a Lease Termination Notice in New Mexico
To ensure the legal compliance of a lease termination notice:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Calculate Expiration Date in New Mexico
The “clock” for a lease termination notice starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and terminate a tenancy as of June 30th, delivery of the termination letter must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
How To Serve a Lease Termination Notice in New Mexico
New Mexico landlords and tenants may deliver a written lease termination notice by any method which results in actual notice to the other party. The law specifically guarantees the legal effectiveness of the following methods:
- Hand delivery to the other party
- Delivery by first class mail with a certificate of mailing
- Notices to the tenant only: Posting the notice on an exterior door of the premises, PLUS either hand-delivering the notice OR delivering it by first class mail with a certificate of mailing
Posted notice must be placed in a box or slot designed for mail or notices, or else taped on all sides to ensure secure fixture. Posting a notice starts the count on the notice period, even if (for example) the mailed notice takes a few more days to deliver.
Sources
- 1 NM Stat § 47-8-37(A)
-
The owner or the resident may terminate a week-to-week residency by a written notice given to the other at least seven days prior to the termination date specified in the notice.
Source Link - 2 NM Stat § 47-8-37(B)
-
The owner or the resident may terminate a month-to-month residency by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.
Source Link - 3 N.M. Stat. § 47-8-13(C) - (E)
-
C. A person receives a notice or notification: (1) when it comes to his attention; (2) where written notice to the owner is required, when it is mailed or otherwise delivered at the place of business of the owner through which the rental agreement was made or at any place held out by him as the place for receipt of the communication; or (3) if written notice to the resident is required, when it is delivered in hand to the resident or mailed to him at the place held out by him as the place for receipt of the communication, or in the absence of such designation, to his last known place of residence. D. Notwithstanding any other provisions of this section, notice to a resident for nonpayment of rent shall be effective only when hand delivered or mailed to the resident or posted on an exterior door of the dwelling unit. In all other cases where written notice to the resident is required, even if there is a notice by posting, there must also be a mailing of the notice by first class mail or hand delivery of the notice to the resident. The date of a posting shall be included in any notice posted, mailed or hand delivered, and shall constitute the effective date of the notice. A posted notice shall be affixed to a door by taping all sides or placed in a fixture or receptacle designed for notices or mail. E. Notice, knowledge or a notice or notification received by the resident or person is effective for a particular transaction from the time it is brought to the attention of the resident or person conducting that transaction, and in any event from the time it would have been brought to the resident’s or person’s attention if the resident or person had exercised reasonable diligence. Source Link
