2018 New Mexico Statutes
Chapter 47 - Property Law
Article 8 - Owner-Resident Relations
Section 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.
Tenant holding over formerly entitled to six-months' notice to vacate. — Since the tenant did not endorse the extensions of the lease, they were not binding upon him, and, therefore, he then became a tenant holding over after a term with the consent of the landlord. This would make him a tenant from year-to-year and entitle him to six-months' notice to vacate. Baker v. Storie, 1960-NMSC-037, 67 N.M. 27, 350 P.2d 1039 (1960) (decided under former law).
To be effective, notice must be sufficiently definite to inform the tenant of the landlord's desire that the tenant vacate the premises. T.W.I.W., Inc. v. Rhudy, 1981-NMSC-062, 96 N.M. 354, 630 P.2d 753.
Notice coupled with option to remain insufficient. — Where a notice to quit is coupled with an option to the tenant to remain at an increased rental, it is insufficient to terminate the tenancy. T.W.I.W., Inc. v. Rhudy, 1981-NMSC-062, 96 N.M. 354, 630 P.2d 753.
Notice not given within requisite time period effective for next rental date. — A notice to quit which is ineffective because it does not give the month-to-month tenant the requisite 30 days prior to the periodic rental date is nonetheless effective for the next ensuing rental date. T.W.I.W., Inc. v. Rhudy, 1981-NMSC-062, 96 N.M. 354, 630 P.2d 753.
Failure to comply with Subsection B forfeits security deposit. — A landlord was entitled to apply the security deposit to the tenant's deficient rent payment without sending a written itemization since it was undisputed that the tenant failed to comply with the thirty-day notice requirement of Subsection B upon vacating the unit. Bruce v. Attaway, 1996-NMSC-030, 121 N.M. 755, 918 P.2d 341.
Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
For annual survey of New Mexico law relating to property, see 13 N.M.L. Rev. 435 (1983).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Tenant's liability in damages for holding over after expiration of terms as effected by reason or excuse for so doing, 122 A.L.R. 280.
Measure of damages for tenant's failure to surrender possession of rented premises, 32 A.L.R.2d 582.
What constitutes willfulness or malice justifying landlord's collection of statutory multiple damages for tenant's wrongful retention of possession, 7 A.L.R.4th 589.
Waiver of statutory demand-for-rent due or of notice-to-quit prerequisite of summary eviction of lessee for nonpayment of rent - modern cases, 31 A.L.R.4th 1254.
Waiver or estoppel as to notice requirement for exercising option to renew or extend lease, 32 A.L.R.4th 452.
Lessor's retention of past-due rental payments as precluding termination of lease and dispossession of lessee for nonpayment of rent, 39 A.L.R.4th 1204.
52A C.J.S. Landlord and Tenant § 758.