New Mexico Month-to-Month Lease Agreement
A New Mexico month-to-month rental agreement is a legal document that establishes a tenancy that continues indefinitely until either the landlord or tenant decides to terminate the arrangement. This type of agreement allows for flexibility, as it does not have a specific end date. To terminate the agreement, it is advisable for either party to send a termination letter via certified mail.
New Mexico Month-to-Month Lease Agreement
Legal Requirements for Month-to-Month Leases
Minimum Termination Period
Both landlords and tenants are required to provide at least a thirty-day written notice before the intended termination date. This notice is typically aligned with the rent payment schedule, ensuring that both parties have adequate time to prepare for the change.
Rent Increase
While New Mexico does not have state-mandated rent control, landlords must provide at least 30 days’ notice before increasing the rent. This requirement ensures that tenants are informed in advance of any changes to their rental costs.
Required Disclosures
Landlords must provide specific disclosures to tenants as part of the rental agreement:
- Lead-Based Hazards: Landlords are required to disclose the presence of lead-based hazards in the rental property, particularly if the property was constructed before 1978.
- Owner Identity: The landlord must disclose the name, address, and phone number of the property manager and the building owner or another designated representative authorized to act on behalf of the owner for service of process and receiving notices or demands.
New Mexico Month-to-Month Eviction
Eviction Notice Requirements
In the event of termination:
- Without Cause: Landlords must provide a minimum of 30 days written notice to terminate the tenancy without cause.
- With Cause: If a tenant violates lease terms, such as non-payment of rent, the landlord can issue a shorter notice period, typically 3 days, allowing the tenant to either correct the issue or vacate the premises.
Tenant Rights
Tenants have the right to challenge evictions in court, ensuring that their rights are protected under New Mexico’s landlord-tenant laws. This legal protection allows tenants to defend against unjust evictions and seek resolution through the judicial system.
Statutes
- N.M. Stat. § 47-8-6(A) – Recovery of damages
- N.M. Stat. § 47-8-15(B) – Payment of rent
- N.M. Stat. § 47-8-15(D) – Payment of rent
- N.M. Stat. § 47-8-15(F) – Payment of rent
- N.M. Stat. § 47-8-18(A) – Deposits
- N.M. Stat. § 47-8-18(B) – Deposits
- N.M. Stat. § 47-8-18(C) – Deposits
- N.M. Stat. § 47-8-18(D) – Deposits
- N.M. Stat. § 47-8-18(A)(1) – Deposits
- N.M. Stat. § 47-8-19 – Owner disclosure
- N.M. Stat. § 47-8-20(G) – Obligations of owner
- N.M. Stat. § 47-8-20 – Obligations of owner
- N.M. Stat. § 47-8-22 – Obligations of resident
- N.M. Stat. § 47-8-24(A)(1)(2) – Right of entry
- N.M. Stat. § 47-8-24(B) – Right of entry
- N.M. Stat. § 47-8-24(A)(1)(2) – Right of entry
- N.M. Stat. § 47-8-25 – Use of dwelling unit limited
- N.M. Stat. § 47-8-27.1 – Breach of agreement by owner and relief by resident
- N.M. Stat. § 47-8-27.2 – Abatement
- N.M. Stat. § 47-8-33(A) – Breach of agreement by resident and relief by owner
- N.M. Stat. § 47-8-33(B) – Breach of agreement by resident and relief by owner
- N.M. Stat. § 47-8-33(J) – Breach of agreement by resident and relief by owner
- N.M. Stat. § 47-8-33 – Breach of agreement by resident and relief by owner
- N.M. Stat. § 47-8-34(B) – Notice of extended abscence
- N.M. Stat. § 47-8-36 – Unlawful removal and diminution of services prohibited
- N.M. Stat. § 47-8-37(A) – Notice of termination and damages
- N.M. Stat. § 47-8-37(B) – Notice of termination and damages
- N.M. Stat. § 47-8-39 – Owner retaliation prohibited
- N.M. Stat. § 47-8-48 – Prevailing party rights in law suit; civil penalties
- N.M. Stat. § 34-8A-3 – Metropolitan court; jurisdiction
- N.M. Stat. § 47-8-42 – Petition for restitution
- N.M. Stat. § 37-1-3(A) – Notes; written instruments; period of limitation; computation of period
- N.M. Stat. § 37-1-4 – Accounts and unwritten contracts; injuries to property; conversion; fraud; unspecified actions
FAQs
A month-to-month rental agreement in New Mexico is a legal document that establishes a tenancy without a specific end date, continuing indefinitely until either the landlord or tenant decides to terminate it. To terminate the agreement, a written notice must be provided at least 30 days in advance.
In New Mexico, either the landlord or tenant must provide at least 30 days’ written notice before terminating a month-to-month lease. This notice should align with the rent payment schedule.
Yes, a landlord can increase rent on a month-to-month lease in New Mexico, but they must provide at least 30 days’ notice before the increase takes effect. There is no state-mandated rent control.
Landlords in New Mexico must provide disclosures regarding lead-based hazards and the identity of the property owner. If the property was built before 1978, a lead-based paint disclosure is also required.
For month-to-month rentals in New Mexico, landlords must provide a minimum of 30 days’ written notice to terminate the tenancy without cause. If a tenant violates lease terms, such as failing to pay rent, a shorter notice period of typically 3 days may be issued to correct the issue or vacate.
If a tenant receives an eviction notice in New Mexico, they can challenge the eviction in court to protect their rights under state landlord-tenant laws. It’s important to respond promptly and seek legal advice if necessary.