Property Management

In New Mexico, a holdover tenant (tenant at sufferance) is a tenant who:

AHas a valid month-to-month lease
BRemains in possession after their lease has expired without the landlord's permission✓ Correct
CHas paid rent in advance for 6 months
DIs protected by rent control

Explanation

A tenant at sufferance (holdover tenant) occupies the property after their lease has expired without the landlord's consent. The landlord may treat them as a trespasser or accept rent to create a periodic tenancy.

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