47-8-33. Breach of agreement by resident and relief by owner.
A. Except as provided in the Uniform Owner-Resident Relations Act, if there is
noncompliance with Section 47-8-22 NMSA 1978 materially affecting health and safety
or upon the initial material noncompliance by the resident with the rental agreement or
any separate agreement, the owner shall deliver a written notice to the resident
specifying the acts and omissions constituting the breach, including the dates and
specific facts describing the nature of the alleged breach, and stating that the rental
agreement will terminate upon a date not less than seven days after receipt of the
notice if the breach is not remedied in seven days.
B. Upon the second material noncompliance with the rental agreement or any
separate agreement by the resident, within six months of the initial breach, the owner
shall deliver a written notice to the resident specifying the acts and omissions
constituting the breach, including the dates and specific facts describing the nature of
the alleged breach, and stating that the rental agreement shall terminate upon a date
not less than seven days after receipt of the notice. If the subsequent breach occurs
more than six months after the initial breach, it shall constitute an initial breach for
purposes of applying the provisions of this section.
C. The initial notice provided in this section shall state that the rental agreement will
terminate upon the second material noncompliance with the rental agreement or any
separate agreement by the resident, within six months of the initial breach. To be
effective, any notice pursuant to this subsection shall be given within thirty days of the
breach or knowledge thereof.