What is a Notice to Quit?

A Notice to Quit is a legal document that is given by a landlord to a tenant when they have violated the terms of a lease or rental agreement in some way. The Notice to Quit explains what the tenant has done wrong, states the amount of time the tenant has to fix the issue, and informs the tenant of the landlord’s intentions if the issue is not rectified. In New Mexico, the Notice to Quit is usually either a 3-Day Notice to Quit or a 30-Day Notice to Quit. A 3-Day Notice to Quit is typically used when the tenant has failed to pay rent, or has violated some other material clause of the rental agreement. The landlord must provide a written notice to the tenant explaining the violation and giving the tenant three business days to pay past due rent or otherwise cure the lease violation. If the tenant violates the terms of the rental agreement but the violation is not related to rent, the landlord may issue a 30-Day Notice to Quit. This Notice must provide the tenant with 30 days to “remedy the breach or vacate the leased premises” or the landlord may terminate the lease. In either situation, the tenant must comply with the Notice to Quit for the landlord to have the legal right to terminate the lease and bring an eviction action. If the tenant does not comply with the terms of the Notice to Quit, the landlord may bring a court proceeding to obtain a “Writ of Restitution” which will allow the landlord to take possession of the rental property.

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What is a Notice to Quit?

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