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Renters in New Mexico have several rights that protect them, including the right to a habitable living condition and the right to privacy. Landlords must follow legal processes for eviction and cannot retaliate against tenants for asserting their rights. Understanding the New Mexico Notice to Lessee of Forfeiture of Lease for Failure to Abide by Lease Agreement is crucial for asserting your rights when disputes arise.
If the breach of the lease is for non-payment of rent and the landlord has not done anything to waive the breach, then usually the landlord can forfeit the lease without giving any notice. Non-payment is usually classed as being so bad that the landlord would not wish to continue with the lease.
If the tenant has repudiated the lease or breached a condition of the lease, then the landlord has a common law right to accept the repudiation and terminate or re-enter and forfeit the lease.
What is forfeiture of lease ? Forfeiture occurs when the landlord exercises their right to regain peaceable possession against the wishes of the tenant. This is usually where the tenant has breached a condition of the lease or has breached a covenant.
63 days' notice can be given to end the Tenancy if: The landlord customarily uses the premises for occupation by employees or contractors and the premises are needed for that purpose (and this is stated in the tenancy agreement).
When you want to end a business lease that is signed for a specific amount of time, you can give the landlord notice. Otherwise, if, after 16 days, you have not paid the rent nor have given the appropriate notice, your landlord is entitled to cancel your tenancy.
A commercial landlord has the right to forfeit a lease where a tenant is in breach of a covenant. The most common breach of covenant for a commercial lease is the duty to pay rent. If the tenant fails to pay rent when it falls lawfully due then the landlord will be entitled to terminate the lease.
HOW IS A LEASE FORFEITED? There are two ways for a landlord to forfeit a lease. Physically taking back possession of the premises (often described as 'peaceable re-entry') and issuing and serving proceedings. Peaceable re-entry is often favoured by landlords, but it ought to be viewed with caution.
§6.16 F. Notice May Declare Election of ForfeitureA landlord may request forfeiture of the lease only when the tenant has failed to perform conditions or covenants, or when the tenant has failed to pay rent.