Property Management
In New Mexico, when a tenant gives proper notice to vacate a month-to-month tenancy, but then changes their mind and wants to stay, the landlord:
AMust allow them to stay automatically
BMay accept or decline — the tenancy was properly terminated and the landlord has the right to proceed with finding a new tenant✓ Correct
CMust give the tenant 30 additional days to decide
DMust renegotiate the rent
Explanation
Once proper notice is given to terminate a tenancy, the tenancy ends as of the notice date. The landlord may agree to allow the tenant to remain (creating a new tenancy) but is not obligated to do so and may proceed with re-renting the unit.
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