New Mexico Notice to Vacate
New Mexico notice to vacate periods from the statute: 30 days to end a month-to-month tenancy. Cited and dated; prepare the notice online.
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The notice periods New Mexico law sets for ending a periodic tenancy, as LeaseCraft read them in the statute, with the conditions and exceptions that go with each. The guided form prepares the notice to vacate with New Mexico already selected.
New Mexico notice periods
Each period is the one LeaseCraft's record of the statute holds. Read it with the conditions under it: some periods are minimums and some apply unless the lease sets another. "Lease controls" means the record holds no statutory period for that situation, and "No pre-suit notice" means it holds no notice before filing. The source column shows the law and the date LeaseCraft read it on the official site (most recently 2026-09-27).
| Situation | Notice period | Source |
|---|---|---|
| Ending a month-to-month tenancy | 30 calendar days |
NMSA 1978 § 47-8-37(B); NMRA Form 4-903
Read 2026-09-27
|
| Ending a week-to-week tenancy | 7 calendar days |
NMSA 1978 § 47-8-37(A); NMRA Form 4-903
Read 2026-09-27
|
| Tenant staying after the lease ends |
Could not verify
Not verified at the official source; LeaseCraft states no figure.
|
NMSA 1978 § 47-8-37(C) |
What the New Mexico statute says
Ending a month-to-month tenancy: 30 calendar days
- Written notice given at least thirty days prior to the periodic rental date specified in the notice (47-8-37(B)); Form 4-903 use note: 'if the rent is due on the 1st, the notice must be given at least thirty (30) days before the 1st.'
- Either owner or resident may terminate; no cause required.
Exceptions
- Mobile Home Park Act tenancies: thirty- or sixty-day notice to quit (Form 4-922; NMSA 47-10) — not researched.
Ending a week-to-week tenancy: 7 calendar days
- Written notice given at least seven days prior to the termination date specified in the notice (47-8-37(A)); Form 4-903 use note: for week-to-week strike 'Thirty-Day' and insert 'One-Week'.
Delivery, form and other New Mexico rules
Statewide just-cause rule
No statewide just-cause requirement
- No statewide just-cause statute; 47-8-37 permits either party to end a periodic tenancy by notice without stating a reason.
- Retaliation is prohibited (47-8-39) and Mobile Home Park Act tenancies have their own grounds (NMSA 47-10) — not researched.
NMSA 1978 § 47-8-37 · read 2026-09-27
How the notice may be delivered
Secondary sources only LeaseCraft has not verified this at the official source (NMSA 1978 § 47-8-13; NMRA Forms 4-901, 4-903), so this page states no rule. Check it before you serve the notice.
Preparing the notice
The form asks for the tenancy, the date the tenant must leave and how the notice is delivered, and states the notice period plainly. You enter the period; where LeaseCraft has verified the New Mexico period for ending a month-to-month tenancy, it refuses a shorter one.
Create a New Mexico notice to vacate
A notice is not a court order and does not by itself remove a tenant. Cities and counties can add rules. LeaseCraft is not a law firm and this is not legal advice.
Notice to Vacate rules in nearby states
Frequently asked questions
-
30 calendar days, under NMSA 1978 § 47-8-37(B); NMRA Form 4-903. Written notice given at least thirty days prior to the periodic rental date specified in the notice (47-8-37(B)); Form 4-903 use note: 'if the rent is due on the 1st, the notice must be given at least thirty (30) days before the 1st.' LeaseCraft read this at the official source on 2026-09-27.
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7 calendar days, under NMSA 1978 § 47-8-37(A); NMRA Form 4-903. Written notice given at least seven days prior to the termination date specified in the notice (47-8-37(A)); Form 4-903 use note: for week-to-week strike 'Thirty-Day' and insert 'One-Week'. LeaseCraft read this at the official source on 2026-09-27.
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No statewide just-cause requirement, under NMSA 1978 § 47-8-37. No statewide just-cause statute; 47-8-37 permits either party to end a periodic tenancy by notice without stating a reason. LeaseCraft read this at the official source on 2026-09-27.
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