Life happens. Maybe you got a new job in another city, had a change in your financial situation, or need to move for personal reasons. Whatever the case, if you’re thinking about ending your lease early, it’s important to understand your rights and responsibilities as a renter in New Mexico.
Are You Still Responsible for Rent?
Yes—but not entirely.
If you move out before your lease ends, you may still be responsible for paying rent until the unit is re-rented. However, New Mexico law requires landlords to make a reasonable effort to re-rent the unit as soon as possible. This is called mitigating damages.
In simple terms: your landlord can’t just leave the unit empty and expect you to pay for the rest of the lease. They have to try to find a new tenant. Once someone else moves in, your obligation for rent typically ends.
What About Early Termination Fees?
Check your lease. Some rental agreements include early termination fees, which are a set amount or formula for what you owe if you leave early. These fees may apply in addition to any unpaid rent before the unit is re-rented.
💡 Tip: If your lease includes these fees, make sure they are clearly written and reasonable. Excessive penalties may not be enforceable in court.
What You Can Do:
- Give Notice in Writing
Even if you’re leaving early, always notify your landlord in writing. Include your move-out date and a request for them to begin looking for a new tenant. - Help Find a New Renter
If possible, offer to help find a replacement tenant. Sharing the listing or referring someone could help shorten the time you’re responsible for rent. - Review Your Lease Carefully
Know exactly what you agreed to. Look for terms related to early termination, fees, and notice periods. - Negotiate
In some cases, your landlord may be willing to let you out of the lease without penalties—especially if the rental market is strong. It never hurts to ask.
Bottom Line
Breaking a lease doesn’t mean you’re off the hook completely, but you do have rights. Your landlord must make an effort to re-rent the unit, and any fees you owe must be in line with your lease agreement. The key is to communicate clearly, act in good faith, and know the laws that protect you.
Need help reviewing your lease or dealing with an uncooperative landlord? Organizations like New Mexico Legal Aid can provide support and legal advice. You don’t have to navigate it all on your own.