New Mexico Notice to Vacate: Notice Periods and Rules

In New Mexico, tenants give at least 30 days written notice to end a month-to-month tenancy, and landlords give at least 30 days. For unpaid rent, the notice period is 3 days. The details, exceptions and statute citations are below.

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New Mexico notice periods at a glance

Tenant ending a month-to-month tenancy30 days
N.M. Stat. Ann. § 47-8-37(B)
Landlord ending a month-to-month tenancy30 days
N.M. Stat. Ann. § 47-8-37(B)
Notice for unpaid rent3 days
N.M. Stat. Ann. § 47-8-33(D)
End of a fixed-term leaseThe statute does not require notice to end a fixed-term lease on its end date; if the owner lets the resident stay on, it becomes a month-to-month tenancy unless the lease says otherwise.
How notice can be deliveredWritten notice delivered in hand or mailed to the resident's designated address or last known residence; a nonpayment notice is effective only if hand-delivered, mailed, or posted on an exterior door, and a posted notice must also be mailed by first-class mail or hand-delivered (§ 47-8-13).

The 30 days must run to a periodic rental date (usually the 1st), so a notice served mid-month takes effect at the next rent date after 30 days (T.W.I.W., Inc. v. Rhudy, 1981). Week-to-week tenancies need 7 days (§ 47-8-37(A)). If the 3-day deadline falls on a weekend or federal holiday, it moves to the next business day (§ 47-8-33(H)).

What a New Mexico notice to vacate should include

  • The names of every tenant on the lease and the full address, including unit number
  • The date you are giving the notice and the date the tenancy ends
  • A move-out date that gives at least the minimum notice above, counted from the day the notice is delivered
  • For unpaid rent: the exact amount owed and how to pay it
  • Your name, signature and contact details
  • A record of how and when you delivered it (keep a copy)

Many month-to-month notices must also end on the last day of a rental period, so if rent is due on the 1st, the safest move-out date is the end of a month. Giving more notice than the minimum is fine; giving less usually makes the notice invalid.

New Mexico notice to vacate FAQ

How much notice does a tenant have to give in New Mexico?

For a month-to-month tenancy, at least 30 days in writing (N.M. Stat. Ann. § 47-8-37(B)). If you have a fixed-term lease, check the lease: it may require notice before the end date or renew automatically.

How much notice does a landlord have to give in New Mexico?

To end a month-to-month tenancy without a specific reason, at least 30 days (N.M. Stat. Ann. § 47-8-37(B)).

What is the notice period for unpaid rent in New Mexico?

The tenant gets 3 days to pay or move out (N.M. Stat. Ann. § 47-8-33(D)). If the tenant does neither, the landlord can file an eviction case; only a court can order the tenant out.

How do you deliver a notice to vacate in New Mexico?

Written notice delivered in hand or mailed to the resident's designated address or last known residence; a nonpayment notice is effective only if hand-delivered, mailed, or posted on an exterior door, and a posted notice must also be mailed by first-class mail or hand-delivered (§ 47-8-13).

Do I need to give notice at the end of a fixed-term lease in New Mexico?

The statute does not require notice to end a fixed-term lease on its end date; if the owner lets the resident stay on, it becomes a month-to-month tenancy unless the lease says otherwise.

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Sources

Checked October 2026. Laws change, and cities can add their own rules. This page is general information, not legal advice.

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