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New Mexico month-to-month lease agreement
Written for New Mexico law, checked September 24, 2026 General information, not legal advice
A month-to-month tenancy renews each month until the landlord or the tenant gives notice. Choose month-to-month as the lease type, or set a fixed-term lease to convert to month-to-month when its term ends.
New Mexico rules that apply
- Ending a month-to-month tenancy
- 30 days
- before the periodic rental date named in the notice
- NMSA 1978 § 47-8-37(B)
- Rent increase notice
- 30 days
- written, before the periodic rental date or the end of a fixed term
- NMSA 1978 § 47-8-15(F)
Ending a month-to-month tenancy
Either you or the tenant may end a month-to-month residency with written notice given at least 30 days before the periodic rental date named in the notice. A week-to-week residency ends with written notice at least seven days before the termination date. Without a definite term, a residency is week-to-week when rent is paid weekly and month-to-month otherwise.
NMSA 1978 § 47-8-37(A), (B) NMSA 1978 § 47-8-15(C)
More detail (1)
- If the tenant stays after the agreement ends without your consent, you may sue for possession, and for damages and reasonable attorney's fees if the holdover is willful and not in good faith. If you consent to the tenant staying, the residency becomes periodic. NMSA 1978 § 47-8-37(C) NMSA 1978 § 47-8-15(C)
The lease requires written notice at least 30 days, or more if the landlord sets it, before the periodic rental date named in the notice, and seven days for a week-to-week residency.
Rent increase notice
To raise rent in a month-to-month residency, give the tenant written notice at least 30 days before the periodic rental date in the rental agreement. In a fixed-term residency, give it at least 30 days before the term ends. For a periodic residency shorter than a month, give written notice at least one rental period before the first increased payment. New Mexico bars local rent control.
NMSA 1978 § 47-8-15(F) NMSA 1978 § 47-8A-1
More detail (4)
- Raising a fee set by the rental agreement needs 60 days' written notice before the periodic rental date or the end of a fixed term, or one rental period for a residency shorter than a month. NMSA 1978 § 47-8-19.4
- A rent increase may not be retaliation. A uniform increase at the end of the term or under the agreement, matching similar units and not aimed at one tenant, is allowed. NMSA 1978 § 47-8-39(A), (C) See Retaliation on the New Mexico page
- No city or county may enact rent control on privately owned property, except housing funded for reduced rents. NMSA 1978 § 47-8A-1 See Rent control and local rules on the New Mexico page
- When preparing a change notice, compare the current and proposed base rent separately from each required fee. Show the unit, tenant names, amount of each change and the date each change is intended to begin. Use the applicable rent or fee notice period above rather than assuming every adjustment uses thirty days. Keep the notice and delivery record with the agreement, then record any negotiated revision before changing recurring charges. If the tenant plans to leave, confirm the separate termination notice and move-out arrangements instead of treating a rejected proposal as completed termination. NMSA 1978 § 47-8-15(F) NMSA 1978 § 47-8-19.4 See Ending a month-to-month tenancy on the New Mexico page