New Mexico Notice to Vacate

About the New Mexico Notice to Vacate

Many property managers use property management software to stay on top of rent collections and notice periods. A landlord or property manager in New Mexico can use the New Mexico Landlord Notice to Vacate Form when they want a tenant to vacate the rental property at the end of their lease (or leave in 30 days or more if there is no lease). Tenants can use the New Mexico Tenant Notice to Vacate Form to inform landlords and property managers of their intention to vacate the rental property at least 30 days before they intend to move out, or longer if required by the terms of their New Mexico Lease Agreement. There are several other situations in which the New Mexico Notice to Vacate might be used, like if the rental property has been sold or if the building has been condemned.

The Notice to Vacate form is useful in the following cases:

• The lease term is ending.
• The tenant has a month-to-month lease in New Mexico.
• The tenant hasn’t vacated the rental property after the lease has expired.
• The tenant doesn’t have a lease.
• The rental property is being sold or repurposed.
• To ensure legal accuracy, refer to Chapter 47, Article 8 – New Mexico Statutes and the New Mexico Courts Eviction Guide.
• Used at the end of a lease agreement
• For month-to-month rental terminations
• When the tenant remains after lease expiration
• As part of a broader process

New Mexico Notice to Vacate - What should it Include?

The New Mexico Notice to Vacate Form is an easy way to end your New Mexico rental lease. Landlords or tenants in New Mexico can use this form to communicate the date by which the rental property should be empty. For month-to-month leases (see the New Mexico rental agreement for tenancies at will) most states will require at least a 30 Day Notice to Vacate. The New Mexico Notice to Vacate could be given in the form of a 30 Day Notice to Vacate, 60 Day Notice to Vacate, or a 90 Day Notice to Vacate, depending on the circumstances. The notice period required is typically defined in the rental lease terms.

1. Address of the Rental Property: Full legal address and unit description.
2. Name of tenant and other persons who need to vacate the property: Full legal names of all involved parties.
3. Date of the Notice.
4. Landlord or Property Manager's Name: Include the full name or legal business name of the person or entity issuing the notice.
5. Notice Period: Clearly state the notice length.
6. Move-Out Date (Vacate Date): The exact date the tenant must vacate the premises and return possession to the landlord.
7. Reason for Lease Termination.
8. Signature of Party Giving Notice: Landlord’s or tenant’s signature, depending on who is initiating the notice.
9. Legal Disclaimer: A statement acknowledging that the form complies with New Mexico Civil Code and may not be valid outside New Mexico.

New Mexico Notice to Vacate – What should I do with it?

If you are a tenant who has received the New Mexico Landlord Notice to Vacate, you may need to remove all of your possessions and vacate the rental property by the date stated on the Notice to Vacate Form. If you are a landlord or property manager who has received the New Mexico Tenant Notice to Vacate, you should start finding a new tenant for your rental property. If a Notice to Vacate is given before a tenant’s New Mexico Lease Agreement has ended, additional actions may need to be taken by either party depending on the terms of the New Mexico rental agreement.

New Mexico Notice to Vacate – What else should I know?

If you’re planning to end a tenancy in New Mexico, using the correct notice type and timing ((most commonly 30 days) is essential to stay compliant with state law. The following key points explain when to use a Notice to Vacate, how it differs from other forms, and what steps help avoid common mistakes.

• Purpose: A New Mexico Notice to Vacate tells a tenant to move out after the lease ends (typically for month-to-month tenancies) or when there is no written lease. It’s similar to a Notice to Quit but usually applies to no-fault or non-violent situations.
• Not an Eviction: This notice does not evict the tenant or terminate an active lease. If the tenant remains after the notice period, the landlord must file an eviction action (Forcible Entry & Detainer) in court under Chapter 47, Article 8 – New Mexico Statutes.
• When to Use Other Forms:
  • Use a Demand for Rent / 3-Day Notice for nonpayment of rent (Chapter 47, Article 8 – New Mexico Statutes).
  • Use a 7-Day Notice to Cure for minor violations (tenant may cure the issue).
  • Use a 7-Day Unconditional Notice to Quit for substantial violations, including serious property damage or health/safety issues (Chapter 47, Article 8).
  • Use a Lease Termination Form to end a fixed-term lease early or for other lease breaches.
• Timing & Compliance:
  • New Mexico law requires one full rental period’s notice to end a month-to-month tenancy. Example: If rent is due on the 1st, notice must be given before the last day of the prior month, making the effective notice period approximately 30 days.
  • The same 30-day standard applies regardless of how long the tenant has lived in the unit.
  • Always check Chapter 47, Article 8 – New Mexico Statutes and local ordinances that may require just-cause notice before serving the notice.
• Serving the Notice & Avoiding Mistakes:
  • Deliver the notice in person, by first-class mail, or by certified mail, and keep proof of delivery.
  • Include the names of landlord and tenant, property address, notice length, move-out date, and contact details.
  • Add instructions for key return, final walkthrough, and security deposit refund rules (New Mexico requires deposits returned within 30 days; within 10 days if no deductions are taken — Chapter 47, Article 8).
  • Keep detailed records of all communications for legal protection.

Key Terms & Provisions

A New Mexico Notice to Vacate 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 the New Mexico Civil Code and may not be valid outside New Mexico.

Why New Mexico Landlords & Property Managers Choose SimplifyEm Notice to Vacate Template?

We know how important it is to handle lease terminations legally and efficiently in New Mexico. That’s why our New Mexico Notice to Vacate Template is built to simplify the process and reduce legal risk. Here’s why property managers and landlords across the state rely on SimplifyEm’s trusted template:

• Legally Compliant – Our Notice to Vacate form aligns with the New Mexico Uniform Owner-Resident Relations Act (NMSA § 47-8-1 through 47-8-52) and current state requirements, ensuring your notices are valid and enforceable.

• Covers 3-Day, 7-Day, and 30-Day Notice Requirements –
  • 3-Day Notice for nonpayment of rent (NMSA § 47-8-33(D)).
  • 7-Day Notice for curable lease violations (tenant has 7 days to fix the issue).
  • 30-Day Notice to end most month-to-month tenancies.

Our template supports all required timelines under New Mexico law.

• Clear & Easy to Fill Out - Designed for both landlords and tenants, the form’s simple layout makes it easy to enter key details, specify move-out dates, and issue notices correctly.
  

• Helps Avoid Disputes – Clear language and built-in documentation guidance help reduce misunderstandings and prevent costly legal issues at move-out.
• Trusted by Thousands of Property Owners – Backed by SimplifyEm, a top-rated property management platform used by landlords and managers nationwide to stay compliant and organized.

Why choose us