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New Mexico Statewide Rule

New Mexico Lease Termination Rules

Some RestrictionsApplies statewide across New Mexico (2026)

Key Facts

Month-to-month notice
At least 30 days (NMSA 47-8-37)
Week-to-week notice
At least 7 days
Form
Written notice to the other party
Fixed-term lease
Ends on its stated date
Last verified: September 5, 2026

Summary

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.

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. 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.

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

How much notice ends a month-to-month lease in New Mexico?
At least 30 days' written notice before the periodic rental date, from either the owner or resident, under NMSA 47-8-37. A week-to-week residency requires only 7 days' written notice.
Does a New Mexico tenant need to give notice on a fixed-term lease?
A fixed-term lease generally ends on its stated date without separate notice, unless the lease itself requires advance notice. The 30-day and 7-day rules of NMSA 47-8-37 apply to month-to-month and week-to-week tenancies.

Sources

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