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NMSA 1978 §47-8-33(A)–(C)

New Mexico tenant violated the lease

An initial ordinary material New Mexico lease or resident-duty breach generally requires a written notice with dates and specific acts or omissions, seven days to remedy, a conditional termination, and a warning about a second material breach within six months. A supported second breach has a separate seven-day termination path without another cure. Substantial-violation grounds need separate review.

  • Identify the material agreement or resident duty.
  • Describe dates and specific facts.
  • Initial notice offers seven days to remedy and warns about a second breach.

Built around the requirements of NMSA 1978 §47-8-33(A)–(C).

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Preview of a Generated Notice
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Example Owner
Albuquerque, NM 87101

SEVEN-DAY NOTICE OF MATERIAL NONCOMPLIANCE

Depending on the facts, the workflow may select: Initial or qualifying second material breach

Notice date: 10/06/2026
State: NM
Law reference: NMSA 1978 §47-8-33(A)–(C)
Property:
123 Main Street, Unit 2B
Albuquerque, NM 87101
Tenant(s): Example Resident

Specific acts and dates: Illustrative documented material noncompliance.

Initial remedy period

At least seven days after receipt, with a six-month second-breach warning.

Service / delivery: Record actual receipt; review other §47-8-13 methods separately.
Landlord / Agent signatureDate
Substantial-violation and disputed facts stop for review. A notice is not a court order.

What does an initial notice require?

Section 47-8-33(A) requires specific acts, omissions and dates, with at least seven days after receipt to remedy. Subsection (C) requires a six-month second-breach warning and initial notice within thirty days of breach or knowledge.

What changes on a second breach?

A second material noncompliance within six months can support termination no earlier than seven days after receipt under §47-8-33(B), after the first notice's required warning.

What if the conduct is serious or disputed?

Substantial violations under §47-8-33(I) and defenses in (J)–(L) are separate. The tool sends those allegations and uncertain repeat histories to review.

Common mistakes to avoid

Calling any repeated complaint a second material breach.
Omitting the initial six-month warning.
Ignoring the first notice's thirty-day timing.
Applying the ordinary form to a substantial-violation allegation.

New Mexico legal authority

Legal information reviewed October 6, 2026.

Learn more

Official New Mexico seven-day form

Frequently asked questions

Does the first New Mexico lease-breach notice allow a cure?

Yes. An ordinary initial material breach notice gives seven days after receipt to remedy under §47-8-33(A).

Does every second complaint remove the cure right?

No. The second material breach must fit the six-month rule and follow an initial notice with the required warning.

Need to determine the right New Mexico lease-violation step?

Use the guided LandlordAnswers workflow. It applies the state-specific rules, asks only the facts that affect the path, and offers a document when the verified rules support one.

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