N.M. Stat. Ann. § 47-8-37
Notice of termination and damages.
Operative Text
47-8-37. Notice of termination and damages.
A. 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.
B. 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.
C. If the resident remains in possession without the owner's consent after expiration
of the term of the rental agreement or its termination, the owner may bring an action for
possession and if the resident's holdover is willful and not in good faith the owner, in
addition, may recover the damages sustained by him and reasonable attorney's fees. If
the owner consents to the resident's continued occupancy, Subsection C of Section 15
[47-8-15 NMSA 1978] of the Uniform Owner-Resident Relations Act applies.
History: 1953 Comp., § 70-7-37, enacted by Laws 1975, ch. 38, § 37.Under NMSA 47-8-37, either a landlord or a tenant may end a week-to-week rental arrangement by providing written notice at least seven days before the termination date, and either party may end a month-to-month arrangement with at least thirty days' written notice before the next periodic rental date. If a tenant remains in the property after the rental agreement has ended without the owner's consent, the owner has the right to pursue a legal action for possession of the unit. When that holdover is found to be willful and in bad faith, the owner may also seek to recover actual damages and reasonable attorney's fees beyond just regaining possession.
Plain English — not legal advice.
Property owners and managers operating under NMSA 47-8-37 generally maintain written records of all termination notices, ensuring that week-to-week notices are delivered at least seven days in advance and month-to-month notices at least thirty days before the next rental date. When a resident remains in the unit past the agreed termination date without consent, compliant operators document the holdover and understand that a court action for possession is available under this section. Where a holdover is willful and not in good faith, Section 47-8-37(C) also provides a basis to seek actual damages and reasonable attorney's fees through the courts.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under NMSA 47-8-37, tenants have a corresponding right to terminate their tenancy by providing the same written notice — seven days for week-to-week arrangements and thirty days for month-to-month arrangements — giving them a clear, documented path to end their residency. If a tenant believes they have a legitimate reason for remaining beyond the stated termination date, Section 47-8-37(C) distinguishes between willful bad-faith holdovers and other circumstances, which may be relevant if a possession action is filed. Tenants facing a holdover dispute may wish to consult a tenant-rights organization or legal aid office familiar with New Mexico's Uniform Owner-Resident Relations Act to understand how this provision applies to their situation.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation