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 notice is typically provided when they do not intend to renew their lease upon its expiration. Landlords, on the other hand, may issue a notice to vacate for various reasons, such as the end of the lease term, a significant breach of the lease agreement, or a violation of law by the tenant. The specific time frame for these notices can vary, commonly ranging from 3 days to 30, 60, or 90 days, depending on the circumstances and the terms of the lease. Both parties should review their lease agreement carefully to ensure compliance with its terms regarding notice. Additionally, New Mexico state statutes and local ordinances will outline the legal requirements and procedures for issuing a notice to vacate, which must be adhered to in order to ensure the notice is valid and enforceable.