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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.
Landlords cannot enter tenanted properties without giving proper notice. Landlords cannot arbitrarily end someone's tenancy before the lease expires. Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.
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.
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.
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.
The right to know the identity of your landlord. The right to live in the property undisturbed. The right to see the property's energy performance certificate (EPC), which, except in very specific circumstances, should be rated a minimum of E. The right to be protected from unfair rent and unfair eviction.
The New Mexico Supreme Court entered an Order suspending evictions for non-payment of rent during the pandemic. Tenants continue to owe the rent. The suspension is temporary. Landlords can still file in court to evict you, and the courts will still hold eviction trials.
Before terminating the lease, the tenant must give the landlord a written 7-day notice stating that he or she intends to terminate the lease if repairs are not completed within 7 days. If the landlord begins repairs in a meaningful way before the end of the 7-day period, then the lease will not be terminated.
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.