[NM] [NM] How to end a month-to-month lease for home repairs

Lexi, Chatbot

I understand your situation. Have you had any recent communication with your tenant regarding the lease terms or rent increase?

Lexi, Chatbot

Are there any specific clauses in the original lease agreement that address termination or rent changes?

Lexi, Chatbot

Is there anything else the landlord-tenant lawyer should know before I connect you? Rest assured, they’ll be able to help with your tenant issue.

EsquireChamp

Greetings — my name is Esquirechamp.

Under New Mexico law, a landlord may terminate a month-to-month tenancy by providing the tenant with a written notice at least 30 days prior to the periodic rental date. This applies even if a written lease can’t be found. Your situation falls under the New Mexico Uniform Owner-Resident Relations Act (UORRA), which governs month-to-month tenancies.

Here’s what you need to know:

1. Termination of a Month-to-Month Tenancy

Under Section 47-8-37(B) of the UORRA, either party may terminate a month-to-month tenancy by giving 30 days’ written notice before the next rental period. Example: If rent is due on the 1st, the notice must be delivered before the 1st of the prior month.

(Green Valley Mobile Home Park v. Mulvaney, 121 N.M. 817 (1996))

The absence of a lease doesn’t prevent termination — what matters is proper written notice.

2. No Cause Required

You don’t need to provide a specific reason for ending a month-to-month tenancy, as long as the termination isn’t retaliatory or discriminatory. You may simply state that you intend to end the tenancy as of a certain date.

3. Notice Requirements

The written notice must clearly:

• Specify the date the tenant must vacate.

• Be delivered at least 30 days before the termination date.

Failure to meet that timeline could make the termination invalid.

(T.W.I.W., Inc. v. Rhudy, 96 N.M. 354 (1981))

4. Rent Increases (Alternative Option)

If you prefer not to terminate, you may raise the rent by providing 30 days’ written notice of the increase. If the tenant cannot afford it, you can then proceed with termination.

(Carol Rickert & Associates v. Law, 132 N.M. 687 (2002))

EsquireChamp

I’m sorry, but I can only communicate through this chat platform. I’m happy to clarify or expand on any part of what I’ve written, though.

EsquireChamp

Yes, that’s allowed — as long as you follow proper notice procedures.

Here’s what to keep in mind:

Repairs and Improvements

As a landlord, you’re required under UORRA Section 47-8-20 to maintain the property in a safe, habitable condition and comply with housing codes.

If significant repairs or upgrades are needed, you can terminate the tenancy to complete them — or establish new terms (like management through a company).

If the tenant refuses the new terms, you’re within your rights to end the tenancy after proper notice.

Notice Details

Your notice must be:

• Written and clear,

• Delivered at least 30 days before the termination or change, and

• Specific about the move-out or management transition date.

This satisfies the legal requirement under Section 47-8-37 of the UORRA.

Missing Lease

The lack of a written lease doesn’t affect your right to terminate or change terms.
Once the original lease expired, the tenancy automatically converted to a month-to-month under New Mexico law.

So yes — you may require her to vacate or to sign with the new management company starting January 1, provided she receives proper written notice.

EsquireChamp

I understand your concern. Let’s address that.

Retaliation Under UORRA

The UORRA prohibits landlords from retaliating against tenants for exercising their legal rights, such as reporting code violations or joining a tenant union.

However, those protections don’t apply if you’re ending the tenancy for legitimate business reasons — like repairs, upgrades, or financial hardship.

(Casa Blanca Mobile Home Park v. Hill, 125 N.M. 465 (1998))

Courts have consistently ruled that as long as your termination is lawful and properly noticed, it’s not considered retaliation — even if the tenant perceives it that way.

(Carol Rickert & Associates v. Law, 132 N.M. 687 (2002))

Since your reasons involve property improvements and financial necessity, not punishment, your notice should hold up legally.