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.