A notice to vacate—also known as a notice of intent to vacate—is a written notice or letter from a tenant to the landlord or the landlord’s property management agent that the tenant will not be renewing the lease when it expires.

The terminology used in a state’s statutes, court opinions, and practices may vary from state to state, but a landlord can also give a tenant a notice to vacate—also known as a 30-day notice, 60-day notice, 90-day notice, 3-day notice, or notice to quit. The landlord may give the tenant notice to vacate due to the upcoming expiration of the lease term or due to a material (significant) breach of the lease agreement or the tenant’s violation of a law.

A tenant or landlord should read the lease agreement carefully before giving a notice to vacate or notice of intent to vacate to comply with the specific requirements of such a notice. In addition to the terms of the lease agreement, state and local laws may provide the circumstances and process for giving notice to vacate. These laws are usually located in a state’s statutes and in city and municipal codes and ordinances.

In New Mexico, a notice to vacate is a formal communication from a tenant to a landlord, or vice versa, indicating the intention to end the rental agreement. For tenants, this typically means they will not renew their lease upon its expiration. For landlords, it can be a notice to end the tenancy due to lease expiration or a significant breach of the lease terms by the tenant. The specific time frame required for such notices can vary, with common periods being 30, 60, or 90 days, depending on the terms of the lease and state law. In cases of severe violations or nonpayment of rent, a shorter notice period, such as a 3-day notice, may be applicable. New Mexico law requires adherence to the lease agreement and state statutes when issuing a notice to vacate. Tenants and landlords should consult the New Mexico Owner-Resident Relations Act for guidance on the proper procedures and time frames for giving notice to vacate. Local ordinances may also have additional requirements, so it's important to check both state and local laws.