New Mexico Agreed Termination of Lease and Surrender of Premises
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FAQ
Early termination.Tenants in New Mexico are legally allowed to break a lease for the following reasons: Early termination clause. Active military duty. Unit is uninhabitable.
A penalty for breaking a rental agreement is applicable unless there is an exit or diplomatic clause in the contract. This amount is equal to half the amount due for the remaining months. For example, if 10 months remain before the expiry date, five months' rental amount would apply.
Landlord harassment or violation of privacy - If your landlord enters your unit without a 24-hour notice or changes your locks without your permission, you are entitled to break your lease. These are clear violations of New Mexico tenant laws.
Landlord must give notice to terminate the tenancy: Month-to-month: 30 days. Week-to-week: seven days. Eviction: three days for failure to pay rent; seven days for noncompliance with rental agreement.
Tenants must currently give 21 days notice of their intention to terminate a tenancy. This will change to 28 days. The tenant does not need to give a reason for termination.
How Does a Landlord Terminate a Tenancy Agreement? The landlord would have to terminate the lease based on the clause in the Tenancy Agreement (e.g. proper compensation), or may also end the agreement if the tenant has breached the terms of the contract.
Where the written lease expired and the parties simply continued with the lease on a month to month basis thereafter. If the lease is a month to month lease as contemplated in the Rental Housing Act, then it can only be terminated by either party by providing one full calendar month's written notice.
There are several scenarios where a tenant can legally break a lease in New Mexico without penalty....Conditions for Legally Breaking a Lease in New MexicoEarly Termination Clause.Active Military Duty.Unit is Uninhabitable.Landlord Harassment or Privacy Violation.Domestic Violence.
In general, you can only end the tenancy early if your landlord agrees. Your landlord does not necessarily have to do so. You will remain responsible for paying the rent until the end of the tenancy contract or the next break clause point.
State law regulates several rent-related issues, including late fees, the amount of notice (at least 30 days in New Mexico) landlords must give tenants to raise the rent, and how much time (three days in New Mexico) a tenant has to pay overdue rent or move before a landlord can file for eviction.
