N.M. Stat. Ann. § 47-8-34
Notice of extended absence.
Operative Text
47-8-34. Notice of extended absence.
A. If the rental agreement requires the resident to give notice to the owner of an
anticipated extended absence in excess of seven days as required in Subsection A of
Section 3 [47-8-3 NMSA 1978] of the Uniform Owner-Resident Relations Act and the
resident willfully fails to do so, the owner may recover damages from the resident.
B. During any absence of the resident in excess of seven days, the owner may
enter the dwelling unit at times reasonably necessary.
C. If the resident abandons the dwelling unit as defined in Subsection A of Section 3
of the Uniform Owner-Resident Relations Act, the owner shall be entitled to take
immediate possession of the dwelling unit. The owner shall, in such cases, be
responsible for the removing and storing of the personal property for such periods as
are provided by law. Upon abandonment, the owner may make reasonable efforts to
rent the dwelling unit and premises at a fair rental. If the owner rents the dwelling unit
for a term beginning prior to the expiration of the rental agreement, it is deemed to be
terminated as of the date the new tenancy begins.
History: 1953 Comp., § 70-7-34, enacted by Laws 1975, ch. 38, § 34.Section 47-8-34 of New Mexico's Uniform Owner-Resident Relations Act addresses what happens when a resident is away from a rental unit for an extended period. If a rental agreement requires advance notice of absences longer than seven days and the resident willfully skips that notice, the owner may seek damages. During any absence exceeding seven days, the owner is permitted to enter the unit at reasonably necessary times, and if the unit is legally considered abandoned, the owner may take immediate possession, store the resident's belongings as required by law, and re-rent the property.
Plain English — not legal advice.
Under NMSA § 47-8-34, operators whose rental agreements include an extended-absence notice clause should document whether required notice was received when a resident is away for more than seven days, as that record supports any later claim for damages. During a qualifying absence, entry is permitted at times that are reasonably necessary — maintaining a written log of entries and their purposes reflects standard compliant practice. If abandonment is established under the Act's definition, the owner is expected to take possession, properly remove and store personal property for the legally required period, and make reasonable efforts to re-rent at a fair market rate.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 47-8-34 of the Uniform Owner-Resident Relations Act means that if your lease requires you to notify your landlord before an absence of more than seven days, failing to do so could expose you to a damages claim. During a lengthy absence, your landlord has a limited right of entry at reasonably necessary times, so understanding what your lease requires about notice can help protect your interests. If you believe an owner has wrongly claimed abandonment or improperly handled your belongings, general enforcement paths include raising the issue as a defense in any court proceeding, contacting a local tenant-rights organization, or consulting the New Mexico courts' self-help resources.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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Rules and statutes that cite this regulation