New Mexico Notice to Quit
The New Mexico Notice to Quit is a type of eviction notice form used by landlords, property managers, and property management companies to notify tenants that they must either comply with an order, or quit and give up possession of the rental property within a certain period of time. New Mexico Notice to Quit forms are commonly used to inform the tenant of nonpayment of rent, lease termination, and health hazard or injury to the property.
New Mexico Notice to Quit - Why it is important?
You can use the notice to quit form to end your New Mexico Residential Lease if the tenant has failed to pay rent. The New Mexico Notice to Quit Form should not be confused with the "Writ of Possession" (read more about New Mexico eviction notice) which is issued by the courts. The Notice to Quit Form is the beginning of the eviction process, and it communicates the intention to initiate eviction proceedings if a tenant does not comply with an order and remains on the premises beyond the specified date. If the tenant does not comply with the notice (for example they must pay rent or quit the lease and vacate the premises), you may be forced to take legal action to have the tenant removed from the property. If the notice has been ignored by the tenant and the move out date in the notice has passed, you have grounds to bring forth a lawsuit for “unlawful detainer”, in which case the tenant has the option to fight the eviction in court.
New Mexico Notice to Quit is important in following cases:
- Serving a Notice to Quit is one of the first steps New Mexico property management companies can take to regain possession of rental property from the tenant.
- New Mexico Notice to Quit notifies tenants they have violated the terms of the lease agreement and must vacate the premises within a certain period of time if they cannot comply with the remedy order.
New Mexico Notice to Quit – When should it be used??
Before the eviction process, when a landlord or property manager in New Mexico wants a tenant to either comply with a legal or lease requirement or vacate the rental property, they must serve a New Mexico Notice to Quit. This notice informs the tenant that they must correct the violation within the legally required time period or vacate the premises by a specified date.
- First Step in Eviction: A Notice to Quit is generally the first required step a landlord must take in New Mexico before filing an eviction action (Petition by Owner for Restitution) with the court.
- Violation Notification: The notice informs the tenant of a specific lease or statutory violation and states whether the tenant has the right to remedy the issue or must vacate the property by a stated deadline.
- Legal Requirement: New Mexico law requires landlords to properly serve the correct Notice to Quit before initiating eviction proceedings. Failure to provide the correct notice or notice period may result in dismissal of the eviction case.
- Common Reasons: A New Mexico Notice to Quit is commonly issued for nonpayment of rent, material lease violations, unlawful activity, property damage, unauthorized occupants, or termination of tenancy.
- Notice Periods: 3-day notice to pay rent or quit for nonpayment of rent. 30-day notice to terminate a month-to-month tenancy without cause.
- Tenant’s Right to Cure: In cases involving nonpayment of rent or curable lease violations, New Mexico tenants are allowed to correct the issue within the notice period to avoid eviction.
Property managers can use property management software to track each individual New Mexico rental lease and make sure their tenants are paying the correct amount of rent and on time.
New Mexico Notice to Quit – What should be included?
The New Mexico Notice to Quit Form must contain the reason for serving the Notice to Quit and the amount of time the tenant has. The problem must be clearly stated on the notice, so the tenant has reasonable awareness and can either correct the issue, or vacate the rental property. Here are some of the basic details that should be included if the rental property is in New Mexico:
- Address of the Rental Property: Full legal address, including unit number if applicable.
- Name of Tenant and Other Persons: Full legal names of all tenants and other individuals required to vacate.
- Date of the Notice: The date when the Notice to Quit is issued.
- Landlord or Property Manager's Name: The full name or legal business name of the landlord or entity issuing the notice.
- Notice Period: Clearly specify the notice duration (e.g., 3 days for nonpayment & and 30 days for termination of month-to-month tenancies).
- Move-Out Date (Vacate Date): The exact date by which the tenant must vacate the property.
- Reason for Lease Termination: Clearly state the reason (e.g., nonpayment, lease violation).
- Signature of Party Giving Notice: The signature of the landlord or tenant, depending on who is initiating the notice.
- Legal Disclaimer: A statement confirming compliance with New Mexico Civil Code and specifying that the notice may not be valid outside New Mexico.
New Mexico Notice to Quit – What should I do with it?
The Notice to Quit Form must be “served” to the tenant by either Personal Service or Mail Service. In some states you can leave it at the rental property right on the front door, but in most cases it is better for you to have an independent party take two copies of the New Mexico Notice to Quit to the rental property, give one to the tenant in person, and get their signature on second copy so that you can retain for your records. If you are mailing the Notice to Quit, you should send the New Mexico Notice to Quit Form using First Class Certified Mail and retain the receipt.
New Mexico Notice to Quit – What else should I know?
There are generally three types of New Mexico Notice to Quit Forms. The New Mexico Notice to Quit for Nonpayment of Rent can be used when rent is not paid, and the tenant may be given a short period to either pay up or move out. The New Mexico Notice to Quit Form for Termination of Tenancy is similar to the New Mexico Notice to Vacate Form and can be used to inform the tenant to leave after the lease is up (common with month to month leases in New Mexico), or if there is no lease and you just want the tenant to leave. It is different from the New Mexico Lease Termination Form, which terminates the New Mexico Lease Agreement when there are other breaches in contract. The New Mexico Notice to Quit Form for Health Hazard and Physical Injury should be used if the tenant creates a health hazard or physical injury to the property which is serious or continuing. These forms must be detailed and specific, because an inaccurate or incomplete statement of the problems could cause a later eviction complaint to be dismissed.
After receiving the Notice to Quit, the amount of time a tenant has until they have to comply or vacate the property will vary by state, so you should be sure to check with the laws in New Mexico. In some states, tenants are given a 30 Day Notice to Quit, while in other states, a 3 Day Notice to Quit is acceptable.
Key Terms & Provisions
A New Mexico Notice to Quit is a legal document used by either a landlord or a tenant to formally notify the other party that they intend to end the Rental Agreement. It must comply with New Mexico Civil Code and be delivered in a legally acceptable way:
- Date of Notice – The specific calendar date when the notice is issued.
- Names of All Parties Involved – Full legal names of the tenant(s) and landlord/property manager.
- Rental Property Address – Full legal address and unit description.
- Notice Period: Clearly state the notice length
- Move-Out Date
- Reason for Termination
- Signature of Party Giving Notice: Landlord’s or tenant’s signature depending on who is initiating the notice.
- Legal Disclaimer: A statement acknowledging that the form complies with New Mexico Civil Code and may not be valid outside New Mexico.
Why New Mexico Landlords & Property Managers Choose SimplifyEm Notice to Quit Template?
We understand the importance of handling lease terminations legally and efficiently in New Mexico. That’s why our New Mexico Notice to Quit Template is designed to simplify the process and reduce legal risk. Here’s why landlords and property managers trust SimplifyEm’s template:
- Legally Compliant – Our Notice to Quit form is up-to-date with New Mexico Civil Code and local laws, ensuring your notices are valid and enforceable.
- Flexible Notice Periods – The template supports legally required New Mexico notice timelines, such as 3 days to cure lease violations, and 30 days for termination of month-to-month tenancies, depending on the situation.
- Simple & User-Friendly – Designed for ease of use, our template allows landlords to quickly fill in essential details and issue notices accurately.
- Helps Prevent Disputes – Clear language and proper documentation reduce the risk of misunderstandings or legal challenges during move-out.
- Trusted by Thousands – SimplifyEm is a top-rated provider of property management tools, trusted by property owners nationwide.
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Frequently Asked Questions - FAQs
What is a New Mexico Notice to Quit?
A New Mexico Notice to Quit is a written notice from a landlord to a tenant stating that the tenant must pay rent, cure a lease violation (when allowed), or move out by a stated deadline. It is generally required before filing an eviction (Unlawful Detainer) action under the New Mexico Uniform Owner-Resident Relations Act (NMSA 1978, Chapter 47, Article 8).
How much notice is required to quit a rental in New Mexico?
Under Chapter 47, Article 8 – New Mexico Statutes::
- 3 days’ notice for nonpayment of rent (pay or vacate).
- 7 days’ notice to cure a lease violation.
- 7 days’ notice for week-to-week tenancies.
- 7 days’ notice to quit for a repeat material lease violation within 6 months (no right to cure).
- 30 days’ notice for month-to-month tenancies.
- Fixed-term leases typically end on the expiration date unless the lease renews or requires notice.
Can a landlord give a Notice to Quit without stating a reason?
Yes. For week-to-week and month-to-month tenancies, a landlord may terminate without stating a reason as long as proper written notice is given (7 or 30 days) and the termination is not discriminatory or retaliatory.
Can a landlord give a Notice to Quit before the lease ends?
Yes. A landlord can serve notice before the end of a fixed-term lease only if there is a legal basis, such as nonpayment of rent, a material lease violation, or another ground allowed under the Act. Tenants may have separate rights to end a lease early under specific circumstances (for example, federal SCRA military protections), but that is different from a landlord-issued Notice to Quit.
What information must be included in a Notice to Quit?
A New Mexico Notice to Quit must include:
- Date of Notice: The specific calendar date when the notice is issued.
- Names of All Parties Involved: Full legal names of the tenant(s) and landlord/property manager.
- Rental Property Address: Full legal address and unit description.
- Notice Period: Clearly state the notice length
- Move-Out Date
- Reason for Termination
- Signature of Party Giving Notice: Landlord’s or tenant’s signature depending on who is initiating the notice.
- Legal Disclaimer stating compliance with Chapter 47, Article 8 – New Mexico Statutes.
How should a Notice to Quit be delivered in New Mexico?
Legal delivery methods include:
- Personal delivery to the tenant.
- Leaving with someone of suitable age at the tenant's residence and mailing a copy.
- First-class or certified mail.
- Posting on the premises and mailing if other methods are not feasible.
What happens if a tenant doesn’t leave after receiving a Notice to Quit?
If the tenant does not pay, cure, or vacate by the deadline, the landlord may file an eviction (Unlawful Detainer) case. If the landlord wins, the court can issue a writ/order restoring possession, and law enforcement carries out the removal if needed.
Is a Notice to Quit the same as a Notice to Vacate?
Not always. “Notice to Quit” commonly refers to a landlord notice to pay/cure/vacate or terminate. “Notice to Vacate” is often used for tenant move-out notice, but wording varies—what matters is the content, notice period, and legal basis under New Mexico law.
Do landlords need to give written notice if their lease is ending?
For a true fixed-term lease, the lease generally ends on its expiration date. However, some leases require a non-renewal notice, and written notice is still commonly used to document move-out expectations. (Lease terms can add requirements, but statutory periodic-tenancy notice rules apply when the tenancy is week-to-week or month-to-month.).
Can a landlord email a New Mexico Notice to Quit?
Email is generally not a safe standalone method unless the lease specifically authorizes electronic notice and it meets proof-of-delivery expectations. Standard delivery methods (hand delivery / mail / posting+mail) are preferred for enforceability.
Does New Hampshire Landlord and Tenant Law change notice periods in New Mexico?
The Act sets the required notice rules for the situations above (3-day nonpayment, 7-day material noncompliance, 7/30-day periodic terminations). A lease may add procedures or require longer notice in some situations, but it cannot override statutory requirements where the statute controls the notice type and timing.
Can a New Mexico Notice to Quit be used as a lease termination notice?
Yes, a Notice to Quit can serve as a Lease Termination notice:
- Month-to-month lease: 30-day notice
- Week-to-week lease: 7-day notice
- Fixed-term: ends at expiration unless renewed or lease requires notice; earlier termination requires a statutory basis (nonpayment/violation) and the correct notice type.
Where can I get a New Mexico Notice to Quit Form?
You can download a legally compliant, easy-to-use New Mexico Notice to Quit Form for landlords or tenants here:
https://www.simplifyem.com/forms/new-mexico-notice-to-quit
Pro tip for Property Managers and Landlords
Always use a customizable New Mexico Notice to Quit template to ensure compliance with New Mexico Uniform Residential Landlord and Tenant Act and simplify modifications or renewals.
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