AI New Mexico Notice to Vacate

New Mexico law (NMSA § 47-8-37) governs termination of periodic tenancies. A month-to-month tenancy may be terminated by either party by giving written notice of at least thirty (30) days. The notice must specify the date of termination. For a fixed-term lease, the tenancy ends automatically at the expiration of the stated term without additional notice, unless the lease provides otherwise or the parties agree to renew. Notice must be delivered personally to the other party or by certified mail. This document provides compliant notice language for both landlord-initiated and tenant-initiated terminations of month-to-month tenancies and related situations., -

Date of Notice: [[Date of Notice]]

TO: [[Recipient Full Name(s), Tenant(s) if from Landlord, or Landlord/Owner if from Tenant]]
[[Recipient Address]]
[[City]], New Mexico [[ZIP Code]]

FROM: [[Sender Full Name(s), Landlord/Owner or Authorized Agent, or Tenant(s)]]
[[Sender Address]]
[[City]], New Mexico [[ZIP Code]]
Phone: [[Sender Phone]] | Email: [[Sender Email]]

RE: Notice of Termination of Tenancy / Notice to Vacate, Premises at [[Full Property Address]], [[City]], New Mexico [[ZIP Code]], -

1. Type of Tenancy and Termination

Tenancy Type: [[Month-to-Month / Periodic / Fixed Term Lease expiring [[Lease End Date]] ]]

Initiating Party: [[Landlord / Tenant]]

Statutory Basis: NMSA § 47-8-37 (termination of periodic tenancy).

A month-to-month tenancy continues from month to month until properly terminated by written notice of at least 30 days from either party. Fixed-term leases end at the term's expiration without further notice unless the lease requires notice or the parties renew., -

2. Notice of Termination (Landlord to Tenant, Month-to-Month)

PLEASE TAKE NOTICE that the Landlord hereby terminates the month-to-month tenancy at the Premises described above.

Termination Date: You are required to vacate and surrender possession of the Premises no later than 11:59 p.m. on [[Termination Date, at least 30 days from date notice is deemed received]].

This notice is given pursuant to NMSA § 47-8-37. You must deliver possession on or before the Termination Date. If you remain after that date, you will be holding over and the Landlord may pursue all available remedies under the New Mexico Uniform Owner-Resident Relations Act, including filing for restitution of the premises.

Reason (if applicable, not required for no-cause termination of month-to-month but recommended for clarity): [[e.g., "Owner intends to sell the property", "Owner will personally occupy the unit", "Change in use of the property", "Other lawful reason or no cause stated"]], -

3. Notice of Termination (Tenant to Landlord, Month-to-Month)

PLEASE TAKE NOTICE that the undersigned Tenant(s) hereby terminate(s) the month-to-month tenancy and will vacate the Premises on or before 11:59 p.m. on [[Termination Date, at least 30 full days after notice is given]].

Tenant will surrender the Premises in broom-clean condition, free of all personal property and debris, with all keys and access devices returned to Landlord at [[Return Instructions]].

Tenant requests that the security deposit accounting and any refund be sent to the forwarding address below:

[[Tenant Forwarding Address after move-out]], -

4. Fixed-Term Lease Expiration (No Additional Notice Required)

If this notice is provided for informational purposes regarding the end of a fixed-term lease:

Lease Term End Date: [[Lease Expiration Date]]

The tenancy will terminate automatically at 11:59 p.m. on the Lease Expiration Date without further notice from either party, unless the parties have executed a renewal or extension agreement or the lease requires notice of non-renewal.

If you intend to remain beyond the term, you must obtain Landlord's written agreement to a holdover or new tenancy prior to the expiration date. Holdover status, if any, will be governed by the lease and NMSA § 47-8-37., -

5. Delivery of Notice Requirements

This notice must be delivered by:

1. Personal delivery to the other party, or

2. Certified mail (return receipt requested) addressed to the other party at the address above or the last known address.

Notice is deemed received on the date of personal delivery or three (3) days after mailing by certified mail, whichever occurs first. Calculate the 30-day period from the date of receipt.

Proof of Delivery / Service (Landlord use):

Served on [[Date Served]] by:

[ ] Personal delivery to [[Name of person served]]

[ ] Certified mail, tracking/ receipt no. [[ ]]

Server / Agent: ______________________________ Date: ___________, -

6. Move-Out Instructions and Property Return

On or before the Termination Date, Tenant shall:

1. Remove all personal property and debris.

2. Return all keys, remote controls, access cards, and other devices to Landlord at the address or in the manner specified.

3. Leave the Premises in the condition required by the rental agreement (broom clean, free of damage beyond ordinary wear and tear).

4. Provide written notice of the actual vacate date and forwarding address for deposit return.

5. Schedule a joint move-out inspection if offered or required by the lease., -

7. Security Deposit Return

Landlord will provide the security deposit accounting and return (or itemized deductions) as required by NMSA § 47-8-21 (or applicable section) within the statutory period after termination and receipt of forwarding address. Tenant must provide a forwarding address in writing., -

8. Consequences of Failure to Vacate

If Tenant remains in possession after the Termination Date without Landlord's written consent, Tenant will be a holdover tenant. Landlord may initiate proceedings under the Uniform Owner-Resident Relations Act to recover possession, unpaid rent, damages, and costs. Tenant may also be liable for additional holdover rent as provided in the lease or by law., -

9. Acknowledgment and Contact

Landlord / Tenant acknowledges that this notice complies with NMSA § 47-8-37.

Landlord / Agent Signature (for Landlord notice):

___________________________________
[[Landlord or Agent Full Name]]
Date: [[Date]]

Tenant Signature(s) (for Tenant notice):

___________________________________
[[Tenant Full Name(s)]]
Date: [[Date]]

Forwarding Address for Tenant (if applicable):
[[Full Forwarding Address, City, State, ZIP]], -

> ⚠️ Template example, not professional (legal/financial/medical) advice. Verify current law and any local court rules. Notice periods and delivery methods are governed by NMSA § 47-8-37. Fixed-term leases generally require no notice to expire. Consult qualified counsel. As of June 2026.