Under NMSA 47-8-37, either party may end a month-to-month residency with at least 30 days' written notice before the periodic rental date, or 7 days for a week-to-week residency. A fixed-term lease ends on its stated date. The notice must be in writing and given to the other party.
NMSA 47-8-37 governs termination of periodic residencies. '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.' For shorter tenancies, '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.' Either party may give the notice, and it must be in writing. A fixed-term lease terminates automatically at the end of its term without separate notice unless the agreement provides otherwise. Termination for cause (such as nonpayment or a lease violation) follows the separate notice rules of NMSA 47-8-33.
No specific statutory penalty. A resident who vacates without the required notice may owe rent through the notice period; an owner who fails to give proper 30-day (or 7-day) notice cannot obtain a valid no-cause termination until correct notice has run.
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Tijeras, NM
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Tijeras, NM
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Tijeras, NM
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