A month-to-month tenancy is a periodic tenancy or lease in which the tenant is given possession of the leased premises with no specific expiration date and agrees to pay the landlord on a monthly basis. A month-to-month tenancy often requires the tenant or the landlord to give the other party 30 days written notice of termination of the lease.
Both residential leases and commercial leases may be month-to-month tenancies. If a residential or commercial tenant remains in the leased premises and continues to pay rent following the expiration of a lease for a longer term, there may be a new month-to-month tenancy created and recognized by law.
In New Mexico, a month-to-month tenancy is recognized as a form of periodic tenancy where the tenant occupies the property with no definite end date and pays rent monthly. This arrangement can be established explicitly through an agreement or may arise by implication when a tenant remains in the property after the expiration of a fixed-term lease and continues to pay rent, with the landlord's acceptance. Under New Mexico law, either party in a month-to-month residential tenancy is typically required to provide at least 30 days' written notice to the other party to terminate the tenancy. This notice period is designed to give both the tenant and the landlord time to make alternative arrangements. The specific notice requirements and any other conditions of the tenancy should be outlined in the lease agreement. It's important to note that while similar principles apply to commercial leases, the terms and notice periods may differ and are often subject to the specific lease agreement between the commercial tenant and landlord.