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A notice to vacate is written when either party decides to end the relationship (for a good or bad reason or none at all). An eviction requires court action to remove the tenant from the property.
The lease or agreement should contain the following: Rental period. The agreement may be month-to-month or for a specific time period, such as one year. If you rent on a month-to-month basis, you must give the landlord 30 days notice when you plan to move.
Are there capped late fees and grace periods for rent payments in New Mexico? Yes, late fees in New Mexico are capped at 10% of the overdue rent amount. There is no legally required grace period, so fees can be charged immediately after the due date unless otherwise stated in the lease agreement.
A New Mexico notice to pay or quit (non-payment) is a document used to inform a tenant that their rent is past due. The notice presents the tenant with the option to either pay the rent in full within three days or deliver possession of the dwelling.
The difference is a collaps in your lifestyle. A lease termination merely tells you to move at the end of your term. An eviction, which can only be issued by a judge for breaking the rental agreement, will follow you for years and makes it difficult to secure another desirable place to live.
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Failure to pay rent or nonpayment of rent However, a grace period to extend the rent payment may be available if written in the lease/rental agreement. Before starting an eviction process in New Mexico, the landlord must give the tenant a 3-Day Notice to Pay. This means a tenant has three days to pay rent.
To evict a tenant, the landlord must file a court case, go to a hearing and get an order from the judge ordering the tenant to be evicted. Watch this short video from New Mexico Legal Aid about the eviction court process. Go to court for the hearing. Read all Court instructions carefully.

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