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Ratings. Guidance. The Right Lawyer.
tenant gave landlord 30 day notice to vacate, landlord gave tenant 3 day notice of eviction, NM landlord tenant law
Albuquerque, NM
Viewed 8133 times.
Posted about 1 year ago in Landlord / Tenant
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3 day eviction following 30 day notice by tenant:
I notified my landlord via certified mail on August 1 that I was vacating the premises in 30 days. She had not picked up or gone to the post office to retrieve this letter until August 11. Now she has sent me a 3 day notice of eviction (on what grounds, I do not know - I paid August's rent on time, and every month prior, and I have created no violations to rental agreement - I'm an upstanding tenant). Can she do this?
Additional information
hi i have a warehouse that my family has been rentinfg for mor then 30 years now the landlord wants to evict us cand he do that we are a month to month Answers (2)
John M. Kaman
This attorney is licensed in California.
Posted about 1 year ago.
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It sounds like the 3 day notice is premature as it is only August 31. If you gave 30 notice on August 1, and were in compliance with your lase obligations, then you should be out September 1. Paying rent will not reinstate your tenancy. You can fight the present 3 day notice to keep an eviction off your credit report.
Stuart Alan Heller
This attorney is licensed in Washington.
Posted 10 months ago.
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I practice law in Washington state, rather than in New Mexico. You should review your lease to determine when and under what conditions you are able to terminate it. Here in Washington if you are on a month-to-month lease you must give at least one full month's notice. If you pay rent on the first of the month then you must give the notice prior to the first of the next month in order for it to be effective at the end of the next month. In Washington and probably in New Mexico the landlord's 3 day notice must spell out what you did wrong and give you at least three days to correct the problem or vacate in order for it to serve as the basis for a legal eviction action. If your lease provides for a cure period longer than three days than the landlord's notice must give you the longer period in which to comply or vacate.
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