New Mexico notice periods
A New Mexico landlord must give 30 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. A rent increase needs 30 days’ notice. For nonpayment, the landlord must serve a 3-day notice to pay or quit before filing for eviction.
The New Mexico rules in detail
Either party: written notice at least 30 days before the periodic rental date for month-to-month; 7 days for week-to-week
Written notice at least 30 days before the periodic rental date (month-to-month) or 30 days before the end of a fixed term; one rental period for tenancies shorter than a month. SB 267 (2025) also added § 47-8-19.4 requiring notice of changes to other fees.
3 days. The tenant may cure by paying everything owed within the period; after that the landlord may file for eviction.
Serving the notice
- Notice must be in writing. Text messages and emails count only where the lease or statute allows electronic notice.
- The clock starts when the notice is delivered, not when it is written. Mailed notices usually add days; check the statute’s service rules.
- Termination notices generally take effect at the end of a rental period. Served mid-month, a 30-day notice ends the tenancy at the end of the next full month.
- A fixed-term lease ends on its own date; these periods apply to month-to-month tenancies and to tenancies that continued after a lease expired.
Source: NMSA 1978 § 47-8-37(A)-(B); § 47-8-33(D); § 47-8-15(F).
Related New Mexico rules
- Late fees: Up to 5% of the rent for each rental period in default, only if the lease provides for a late fee. Calculated on rent only (excluding deposits, other fees, utilities). Landlord must give notice of the fee charged no later than the last day of the next rental period or it is not collectible. NOTE: cap was 10% until Laws 2025, ch. 122 (SB 267) cut it to 5% effective June 20, 2025; older sources (including Justia's 2024 text) still show 10%. Late fee calculator.
- Security deposit: 1 month's rent for rental agreements shorter than 1 year; no cap for annual (1-year) leases, but deposits above 1 month's rent on an annual lease must earn interest paid to the tenant; returned 30 days after termination of the rental agreement or the resident's departure, whichever is later; itemized written list of deductions plus balance; failure forfeits right to withhold any of the deposit and to counterclaim, plus costs and attorney fees; $250 civil penalty for bad-faith retention. Deposit rules.
- All rules on one page: New Mexico landlord and tenant law.
Frequently asked questions
How much notice does a landlord have to give a tenant to move out in New Mexico?
30 days’ written notice for a month-to-month tenancy. Either party: written notice at least 30 days before the periodic rental date for month-to-month; 7 days for week-to-week
How much notice does a tenant have to give in New Mexico?
30 days’ written notice on a month-to-month tenancy. A fixed-term lease ends on its own date unless it says otherwise.
How much notice is required for a rent increase in New Mexico?
30 days. Written notice at least 30 days before the periodic rental date (month-to-month) or 30 days before the end of a fixed term; one rental period for tenancies shorter than a month. SB 267 (2025) also added § 47-8-19.4 requiring notice of changes to other fees.
How long is a pay-or-quit notice in New Mexico?
3 days. The tenant can stop the eviction by paying the full amount within that time.
Does the notice have to end on the last day of the month?
In most states, yes: a termination notice on a periodic tenancy takes effect at the end of a rental period that is at least the required number of days after service. Serving on the 15th with a 30-day requirement typically ends the tenancy at the end of the following month, not 30 days later. The calculator shows both dates.