New Mexico Notice of Exercise of Option to Renew Lease by Lessee
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How to fill out Notice Of Exercise Of Option To Renew Lease By Lessee?
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FAQ
A lease extension is an addendum to your original lease, while a lease renewal is a new lease agreement entirely.
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.
An option to renew or extend the lease means that upon the tenant's exercise of the option (choice), the provisions of the agreed-upon option are adopted for another defined term. The terms of the option can include the length of the new term, a change in rent, and other modifications.
A commercial lease agreement with an option to purchase, also known as a lease option, is a form of commercial real estate contract in which the tenant and the property owner agree that there is an option for the tenant to buy said property at the end of a stipulated rental period.
If the tenant does not accept the renewal offer within the prescribed time, the landlord may refuse to renew the lease and seek to evict the tenant through court proceedings. If the tenant accepts the renewal offer, the landlord has 30 days to return the fully executed lease to the tenant.
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.
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.
This provision is known as an option or options to renew. The lease will provide that if the tenant is up to date with rent payments and compliant with all the other terms of the lease then the tenant may take up the option to renew by providing a Notice of Exercise of Option to Renew to the landlord.
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.
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.
