New Mexico · Notice to vacate

New Mexico notice to vacate rules

In New Mexico, landlords and tenants must each give 30 days’ notice to end a month-to-month tenancy. For unpaid rent, the notice period is 3 days.

From an official summary

The rule

Landlord ends month-to-month
30 days
Tenant ends month-to-month
30 days
Week-to-week
7 days
Unpaid rent
3 days
Lease violation
7 days
Unpaid rent
3-day written notice to pay or the rental agreement ends (§ 47-8-33).
Lease violations
7-day notice to cure a material noncompliance; a repeat within 6 months allows a 7-day notice with no cure. 3 days for a substantial violation (e.g., certain crimes).

Law: NMSA 1978 §§ 47-8-33, 47-8-37

Last reviewed September 30, 2026

Not legal advice. Statutes change; check the linked section.