N.M. Stat. » Chapter 47 — Property Law
New Mexico Statutes

N.M. Stat. § 47-8-34 (2026)

Notice of extended absence

✓ current as of May 2026
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A. If the rental agreement requires the resident to give notice to the owner of an anticipated extended absence in excess of seven days as required in Subsection A of Section 3 [47-8-3 NMSA 1978] of the Uniform Owner-Resident Relations Act and the resident willfully fails to do so, the owner may recover damages from the resident.

B. During any absence of the resident in excess of seven days, the owner may enter the dwelling unit at times reasonably necessary.

C. If the resident abandons the dwelling unit as defined in Subsection A of Section 3 of the Uniform Owner-Resident Relations Act, the owner shall be entitled to take immediate possession of the dwelling unit. The owner shall, in such cases, be responsible for the removing and storing of the personal property for such periods as are provided by law. Upon abandonment, the owner may make reasonable efforts to rent the dwelling unit and premises at a fair rental. If the owner rents the dwelling unit for a term beginning prior to the expiration of the rental agreement, it is deemed to be terminated as of the date the new tenancy begins.

History: 1953 Comp., § 70-7-34, enacted by Laws 1975, ch. 38, § 34.

ANNOTATIONS Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).

Am. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes abandonment of residential or commercial lease - modern cases, 84 A.L.R.4th 183.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2016–2021 · leading case: Zissu v. IH2 Prop. Illinois, L.P., 157 F. Supp. 3d 797 (N.D. Ill. 2016).
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Zissu v. IH2 Prop. Illinois, L.P., 157 F. Supp. 3d 797 (N.D. Ill. 2016). “Others expressly shield a landlord from any liability with respect to property left by former tenants.”
White v. Farris, 2021 NMCA 014 (N.M. Ct. App. 2021). “See § 47-8-3(A) (defining “abandonment” as a resident’s absence from the rental property without notice for a period “in excess of seven continuous days” once rent is delinquent); § 47-8-34(C) (providing that an owner may take “immediate possession of the dwelling unit” upon…”
— N.M. Stat. § 47-8-34(C) — 1 case
White v. Farris, 2021 NMCA 014 (N.M. Ct. App. 2021). “See § 47-8-3(A) (defining “abandonment” as a resident’s absence from the rental property without notice for a period “in excess of seven continuous days” once rent is delinquent); § 47-8-34(C) (providing that an owner may take “immediate possession of the dwelling unit” upon…”
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