Notice to Terminate Tenancy — No Cause (Periodic Tenancy) — New Mexico

NOTICE TO TERMINATE TENANCY (NO CAUSE) — NEW MEXICO

TABLE OF CONTENTS

1. Caption and Parties
2. Statutory Basis
3. Notice of Termination
4. Termination Date and Surrender
5. Move-Out Logistics
6. Security Deposit Return Information
7. Consequences of Failure to Vacate
8. Reservation of Rights
9. Owner Signature Block
10. Certificate / Affidavit of Service
11. Tenant Resources Notice
12. New Mexico Practice Notes
13. Sources and References

1. CAPTION AND PARTIES

RENTAL PREMISES (the "Dwelling Unit"):

[STREET ADDRESS]
[UNIT/APT NUMBER]
[CITY], New Mexico [ZIP CODE]
[COUNTY] County

TENANCY TYPE:

☐ Month-to-month (oral or written) — 30 days' notice required
☐ Week-to-week (oral or written) — 7 days' notice required
☐ Fixed-term lease ending [__/__/____] (use Notice of Non-Renewal — not this Notice)

Date rental period begins each month/week: [______ day of each month/week]

2. STATUTORY BASIS

This Notice is given pursuant to the New Mexico Uniform Owner-Resident Relations Act, NMSA 1978 § 47-8-37, which provides in relevant part:

"A. The owner or the resident may terminate a month-to-month residency by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice."

"B. The owner or the resident may terminate a week-to-week residency by a written notice given to the other at least seven days prior to the termination date specified in the notice."

Important: No reason for termination is required under § 47-8-37, but the termination cannot be retaliatory (§ 47-8-39) or discriminatory (NMSA § 28-1-7; 42 U.S.C. § 3604).

3. NOTICE OF TERMINATION

TO: [RESIDENT(S) FULL LEGAL NAME(S)] and all other occupants in possession:

YOU ARE HEREBY NOTIFIED that the rental agreement for the above-described Dwelling Unit will TERMINATE at the end of the period set forth in Section 4 below. You must surrender possession of the Dwelling Unit, return all keys, and vacate the Dwelling Unit and remove all of your personal property by that date.

This Notice is given without cause as permitted by NMSA § 47-8-37 and is not based on any alleged breach of the rental agreement.

4. TERMINATION DATE AND SURRENDER

4.1 Calculation of Termination Date

Date this Notice is served on Resident: [__/__/____]

Periodic rental date (rent due date): [_____ day of each month] OR [_____ day of each week]

Statutory minimum notice period:
☐ Thirty (30) days before next periodic rental date (month-to-month)
☐ Seven (7) days before next periodic rental date (week-to-week)

TERMINATION DATE (last day of tenancy): [__/__/____]

Surrender deadline (vacate by 11:59 PM): [__/__/____]

4.2 Continued Obligation to Pay Rent

You remain obligated to pay rent for each rental period through and including the termination date stated above, in accordance with the rental agreement.

5. MOVE-OUT LOGISTICS

Move-out walk-through: Owner offers to conduct a joint move-out walk-through at the Dwelling Unit on or about:

Date: [__/__/____] Time: [____:____ ☐ AM/PM]

To schedule a different date, contact: [NAME, PHONE, EMAIL]

Cleaning standards: The Dwelling Unit must be returned in the condition required by the rental agreement and as originally received, less ordinary wear and tear (NMSA § 47-8-18(A)(3)).

Key return: Return all keys, garage openers, parking permits, mail keys, and access devices to:
[ADDRESS / DROP LOCATION]

Mail forwarding: The U.S. Postal Service Change-of-Address form should be filed at usps.com or any local post office.

6. SECURITY DEPOSIT RETURN INFORMATION

Pursuant to NMSA § 47-8-18:

• Owner must, within THIRTY (30) DAYS of termination of the rental agreement or your departure (whichever is later), return your security deposit OR provide an itemized written statement of deductions and the balance, if any, mailed to your last-known address or forwarding address.

• Provide your forwarding address: [___________________________________]

• Failure of the Owner to comply with § 47-8-18 within 30 days results in:
  (1) Forfeiture of the right to withhold any portion of the deposit;
  (2) Forfeiture of the right to assert counterclaims in any action to recover the deposit;
  (3) Liability for court costs and reasonable attorney fees;
  (4) Forfeiture of the right to assert an independent action for damages to the rental property;
  (5) A civil penalty of $250 if Owner retains the deposit in bad faith.

7. CONSEQUENCES OF FAILURE TO VACATE

If you fail to surrender possession by the Termination Date, Owner will:

1. Treat your continued occupancy as a holdover in violation of the rental agreement and § 47-8-37;

2. File a Petition by Owner for Restitution (NMRA Form 4-904) in [Magistrate Court / Metropolitan Court / District Court] of [COUNTY] County, New Mexico, seeking:

a. Possession of the Dwelling Unit (writ of restitution under NMSA § 47-8-46);

b. Holdover damages, including double rent during holdover where authorized (NMSA § 47-8-37(D));

c. Court costs and reasonable attorney fees as available under § 47-8-48;

d. Such other relief as the Court deems just.

3. The trial will be set not less than seven (7) nor more than ten (10) days after service of summons under NMSA § 47-8-43.

8. RESERVATION OF RIGHTS

This Notice does not waive any rights or claims Owner may have under the rental agreement or applicable law for unpaid rent, damages to the Dwelling Unit, or other relief.

Acceptance of any rent paid for periods after the Termination Date does not constitute a waiver of this Notice or reinstatement of the tenancy unless the Owner expressly agrees in writing.

9. OWNER SIGNATURE BLOCK

Dated: [__/__/____]

___________________________________
[OWNER / AUTHORIZED AGENT NAME]
[TITLE, if agent]
[ENTITY NAME, if applicable]
[STREET ADDRESS]
[CITY, STATE ZIP]
Telephone: [(___) ___-____]
Email: [_________________________]

10. CERTIFICATE / AFFIDAVIT OF SERVICE

I, [SERVER NAME], declare under penalty of perjury under the laws of the State of New Mexico that I served this Notice to Terminate Tenancy on [RESIDENT NAME(S)] at the Dwelling Unit located at [ADDRESS] on [__/__/____] at approximately [____:____ ☐ AM ☐ PM] by the following method:

☐ Personal delivery to Resident.

☐ Substituted service on a person of suitable age and discretion (15 years or older) residing at the Dwelling Unit, named [____________________].

☐ Posting and mailing: Posted in a conspicuous place at the Dwelling Unit AND mailed by certified mail, return receipt requested, on [__/__/____] (Article No. [_____________]).

☐ First-class mail addressed to Resident at the Dwelling Unit, postmarked [__/__/____] (used in conjunction with another method, not as sole service).

___________________________________
[SERVER SIGNATURE]
[SERVER PRINTED NAME]
[SERVER ADDRESS]
[SERVER PHONE]

11. TENANT RESOURCES NOTICE

For free legal information, residents may contact:

• New Mexico Legal Aid — 1-833-LGL-HELP (1-833-545-4357) — newmexicolegalaid.org
• Law Access New Mexico — 1-800-340-9771
• NM Eviction Prevention & Diversion Program — nmevictionprevention.com
• Albuquerque Renters' Rights — 311 or (505) 768-3138
• Senior Citizens' Law Office (Bernalillo County, age 60+) — (505) 265-2300
• Chainbreaker Collective (Santa Fe tenant organizing) — chainbreaker.org

12. NEW MEXICO PRACTICE NOTES

No Statewide Just Cause. New Mexico has no statewide just-cause eviction statute. A landlord may terminate a periodic tenancy without giving a reason. However, every termination is constrained by:

• Anti-retaliation: NMSA § 47-8-39 — six-month rebuttable presumption of retaliation if termination follows protected activity (code complaint, repair request, fair-housing complaint, organizing, or exercising other UORRA rights).
• Anti-discrimination: NMSA § 28-1-7 (NM Human Rights Act); 42 U.S.C. § 3604 (federal FHA); Albuquerque Human Rights Ordinance (additional protected classes including source of income).
• Subsidized housing: Federal "good cause" requirements supersede state law for HUD, USDA RD, LIHTC project-based, and public-housing units.

Concurrency Rule. § 47-8-37 requires the 30-day period to run "prior to the periodic rental date." A notice served mid-period is valid only for termination effective at the end of the next full rental period. Per NM case law, a deficient notice is automatically saved for the next ensuing rental date — so notice timing affects when the tenancy ends, not whether it terminates.

Holdover Damages. § 47-8-37(D) authorizes damages of up to TWICE the monthly rent (or actual damages, whichever is greater) where a resident wrongfully refuses to vacate after termination.

Santa Fe. Verify current Santa Fe Code § 6-9 (landlord-tenant) and any 2024-2026 just-cause amendments before serving in Santa Fe city limits.

Albuquerque. As of April 2026, Albuquerque has not adopted citywide just-cause eviction. The proposed RENT Ordinance failed in committee in June 2025; verify status before service. The Source-of-Income Amendment to the Human Rights Ordinance remains in force.

Mobile Home Parks. Termination of a mobile-home tenancy is governed by NMSA § 47-10-3 — generally 30 days from end of rental period (60 days for multi-section homes that must be removed), and "for cause" requirements under § 47-10-5. Use Mobile Home Park Act forms — not this Notice.

Section 8 / Housing Choice Voucher. A landlord exiting the HCV program or terminating a voucher tenancy must give the public housing authority written notice in addition to this notice and must comply with the lease addendum's good-cause requirements.

Self-Help Bar. NMSA § 47-8-36 — civil penalty up to THREE TIMES the monthly rent for lockouts, utility shutoffs, or removal of property. Always proceed through Magistrate/Metro Court.

13. SOURCES AND REFERENCES

• NMSA 1978 § 47-8-37 (Termination notice; damages) — https://law.justia.com/codes/new-mexico/chapter-47/article-8/section-47-8-37/
• NMSA 1978 § 47-8-39 (Retaliation prohibited; 6-month presumption) — https://law.justia.com/codes/new-mexico/chapter-47/article-8/section-47-8-39/
• NMSA 1978 § 47-8-36 (Self-help eviction prohibited) — https://law.justia.com/codes/new-mexico/chapter-47/article-8/section-47-8-36/
• NMSA 1978 § 47-8-18 (Security deposits) — https://law.justia.com/codes/new-mexico/chapter-47/article-8/section-47-8-18/
• NMSA 1978 § 47-8-43 (Issuance of summons; trial 7-10 days) — https://law.justia.com/codes/new-mexico/chapter-47/article-8/section-47-8-43/
• NMSA 1978 § 28-1-7 (NM Human Rights Act — housing) — https://law.justia.com/codes/new-mexico/chapter-28/article-1/section-28-1-7/
• NMSA 1978 §§ 47-10-1 to 47-10-23 (Mobile Home Park Act) — https://law.justia.com/codes/new-mexico/chapter-47/article-10/
• New Mexico Courts — Landlord/Tenant Forms — https://nmcourts.gov/forms-files/landlord-tenant/
• NM Law Library — Landlord-Tenant Resource Guide — https://lawlibrary.nmcourts.gov/
• Albuquerque Renters' Rights — https://www.cabq.gov/office-of-consumer-protection/renters-rights
• City of Santa Fe Landlord/Tenant — https://santafenm.gov/affordable-housing/landlordtenant

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Consult a New Mexico-licensed attorney before serving this Notice or initiating eviction proceedings.