Whether you’re renting an apartment in Albuquerque or a home in Las Cruces, knowing your rights as a tenant is essential—especially when it comes to evictions and lease terminations. In New Mexico, the rules vary depending on the type of lease you have. Here’s what you need to know:
🔐 Fixed-Term Leases: More Protection for Tenants
A fixed-term lease (usually 6 months or 1 year) gives you the strongest legal protection. Once you’ve signed a lease for a set period of time, your landlord can’t just ask you to leave without a valid reason.
You can only be evicted for “cause”, which includes things like:
- Non-payment of rent
- Violating lease terms
- Damaging the property
- Engaging in illegal activity on the premises
In these cases, the landlord must follow the proper legal process and provide written notice before moving forward with an eviction. If you haven’t broken the lease, you have the right to stay for the full term.
📅 Month-to-Month Leases: More Flexibility—But Less Security
If you’re renting month-to-month, your landlord does not need a specific reason to end the lease. They can terminate it with a 30-day written notice.
But here’s the key:
👉 It can’t be discriminatory or retaliatory.
That means your landlord cannot end your lease because:
- You complained about unsafe conditions
- You reported a code violation
- You joined a tenant union
- You belong to a protected class (race, religion, gender, disability, etc.)
Any eviction or termination that’s retaliatory or discriminatory is illegal—even with a 30-day notice.
What to Do if You’re Facing Termination or Eviction
- Ask for the reason in writing. Especially if you suspect retaliation or discrimination.
- Know your lease type. Fixed-term and month-to-month leases are treated very differently under the law.
- Seek legal help if needed. New Mexico Legal Aid can review your case and help you stand up for your rights.
Bottom Line
Your lease type matters.
If you have a fixed-term lease, you can only be evicted for cause.
If you’re on a month-to-month agreement, your landlord can end the lease with 30 days’ notice—but not for the wrong reasons.
Understanding the rules can help you protect your housing and respond confidently if problems arise.
Need help figuring out what kind of lease you have or how to respond to a notice from your landlord? Drop a comment or reach out—we’re here to help renters stay informed and empowered.