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.
ANNOTATIONS
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.