Breaking a Lease in New Mexico

New Mexico rules on breaking a lease for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.

Short answer: No statute. New Mexico has no right for domestic violence or sexual assault survivors to end a lease early. 2025 SB 400, which would have created one, died. NMSA 1978, § 47-8-33(J); 2025 SB 400 (died)

The rules in New Mexico

Ending a lease: domestic violence	No statute. New Mexico has no right for domestic violence or sexual assault survivors to end a lease early. 2025 SB 400, which would have created one, died. The UORRA does give a defense: in an eviction based on a 3-day substantial-violation notice, being a victim of domestic violence or sexual assault is a defense. If the resident has filed for or obtained a temporary DV restraining order arising from the incident (or a prior one), the writ of restitution may not issue. Otherwise the court may evict only the accused resident and let the others stay. Current § 47-8-33 text was read as reproduced in SB 400 (introduced Feb. 14, 2025). Source: NMSA 1978, § 47-8-33(J); 2025 SB 400 (died)

Ending a lease: domestic violence

No statute. New Mexico has no right for domestic violence or sexual assault survivors to end a lease early. 2025 SB 400, which would have created one, died. The UORRA does give a defense: in an eviction based on a 3-day substantial-violation notice, being a victim of domestic violence or sexual assault is a defense. If the resident has filed for or obtained a temporary DV restraining order arising from the incident (or a prior one), the writ of restitution may not issue. Otherwise the court may evict only the accused resident and let the others stay.

Current § 47-8-33 text was read as reproduced in SB 400 (introduced Feb. 14, 2025).

Source: NMSA 1978, § 47-8-33(J); 2025 SB 400 (died)

New Mexico vs. neighboring states

Breaking a Lease: New Mexico vs. neighboring states
State	Ending a lease: domestic violence	Ending a lease: military, medical, death
New Mexico	No statute. New Mexico has no right for domestic violence or sexual assault survivors to end a lease early. 2025 SB 400, which would have created one, died. The UORRA does give a defense: in an eviction based on a 3-day substantial-violation notice, being a victim of domestic violence or sexual assault is a defense. If the resident has filed for or obtained a temporary DV restraining order arising from the incident (or a prior one), the writ of restitution may not issue. Otherwise the court may evict only the accused resident and let the others stay. NMSA 1978, § 47-8-33(J); 2025 SB 400 (died)	Not verified yet
Arizona	A victim of domestic violence, or of sexual assault in the dwelling, may end the lease by giving the landlord written notice requesting release, with a mutually agreed release date within the next 30 days. The notice must include either a copy of a protective order or a law enforcement departmental report stating that the tenant reported being a victim. The incident must have occurred within the 30 days before the notice, unless the landlord waives this. The tenant owes rent only through the termination date, plus earlier obligations, paid by move-out. The landlord may keep prepaid rent for the final month. No early-termination penalties or fees may be charged, and the deposit may not be withheld for the early termination, only for damages. Co-tenants' tenancy also ends. The victim may have the locks changed at the victim's own cost. The abuser can be civilly liable to the landlord for the landlord's losses. A tenant convicted of falsely filing the report or order owes treble damages. A.R.S. § 33-1318	Law enforcement officers protected by an injunction against harassment issued within the previous 30 days may terminate the lease the same way as under § 33-1318. They must repay any lease concessions received (§ 33-1318.01). A tenant may also terminate the lease for the landlord's unlawful or harassing entry (§ 33-1376(B)). The Residential Landlord and Tenant Act has no state-law early-termination right for military service (federal SCRA applies), medical or disability reasons, seniors moving to care, or the tenant's death. For a deceased or incapacitated tenant, § 33-1314(E)-(G) only governs retrieval of property by a person the tenant authorized. A.R.S. §§ 33-1318.01, 33-1376(B), 33-1314(E)-(G); Title 33, Ch. 10 section list checked
Colorado	A tenant who is a victim-survivor of domestic violence, domestic abuse, stalking, or unlawful sexual behavior may end the lease and move out because of fear of imminent danger to themselves or their children. The tenant, or a qualified third party, notifies the landlord in writing and provides at least one of: a self-attestation affidavit; a letter from a qualified third party such as an advocate, attorney, social worker, medical or mental health provider, or faith leader; a police report from the prior 120 days; or a valid protection or restraining order. Nothing more may be required. If documentation is missing, the tenant must provide it within 7 days of the landlord's written request. The tenant owes at most one month's rent, and only if the landlord gives the tenant a written statement of actual economic damages within 30 days after move-out. Missing that deadline forfeits the claim. Nothing is owed if another tenant stays on the lease. The tenant cannot be charged for damage caused by the abuse. Landlords must keep the tenant's status and new address confidential, may not ask applicants about it, and must allow lock changes and other reasonable safety measures. Violations: actual damages plus the greater of 3 months' rent or $5,000, plus attorney fees. C.R.S. §§ 38-12-401, 38-12-402 (as amended by HB 25-1168); § 38-12-103(1)	Tenant death: if a lease ends early because a tenant dies, lease clauses requiring any of the following are void: liquidated damages; acceleration of rent past the later of the end of the month or 10 business days after the unit is vacated following notice of the death; repayment of concessions or move-in discounts; or any other early-termination fee or penalty. The landlord may retake possession without court order if the estate's personal representative surrenders the unit, or if 30 days after the death rent is unpaid or substantially all property has been removed. The landlord may keep deposit funds for damage caused by the death. No Colorado statute was found giving tenants a state-law right to end a lease early for military service (beyond the federal SCRA), medical or disability reasons, or a move to senior or assisted care. C.R.S. § 38-12-801(3.5) (added by HB 25-1108, "Letty's Act")
Oklahoma	A victim of domestic violence, sexual violence, or stalking may end a lease without penalty by giving the landlord written notice and a protective order within 30 days of the incident, unless the landlord waives that time limit. A landlord may not deny, refuse to renew, or end a tenancy because the applicant, tenant, or a household member is a victim or alleged victim, with or without a protective order. A landlord also may not refuse to rent to, or retaliate against, someone because they previously ended a lease as a victim. 41 O.S. § 111(F); 41 O.S. § 113.3	Title 41 has no state-law early termination right for military service (beyond federal SCRA), medical reasons, disability, seniors, or tenant death. For a deceased sole tenant, § 130.1 covers only handling of property and refund of the deposit to the designated contact. 41 O.S. §§ 101-136; 41 O.S. § 130.1
Texas	Yes. A tenant may end the lease and avoid future rent if the tenant or an occupant is a victim of family violence (protective order or documentation from a licensed health care or mental health provider or a family violence advocate), or if the tenant or the tenant's resident child is a victim of certain sexual offenses or stalking within the prior 6 months (documentation or protective order). Tenant gives written notice of termination; release takes effect after 30 days have passed and the tenant moves out (no 30-day notice needed where a cotenant/occupant committed the family violence and an order or documentation is provided). Past-due rent remains owed unless the lease lacks the statutory notice sentence about these rights. Landlord violation: actual damages + one month's rent + $500 + attorney's fees. Not waivable. Tex. Prop. Code Sec. 92.016; 92.0161	Military: a servicemember or dependent may terminate on entering military service, or on permanent change of station or deployment of 90+ days; written notice plus orders; for monthly-rent leases termination is effective 30 days after the next rent due date; prepaid rent refunded within 30 days; penalty one month's rent + $500 + damages and fees. Tenant death: representative of a deceased sole occupant may end the lease by written notice once property is removed; effective the later of 30 days after notice or when conditions are met. No statute for medical/disability or senior moves. Tex. Prop. Code Sec. 92.017; 92.0162
Utah	Yes, with a fee. A renter who is a domestic violence victim may end all future lease obligations by giving the owner a court protective order (non-ex parte) or a police report showing the renter is a victim and not the predominant aggressor, plus written notice with the move-out date, and paying a termination fee equal to one month's rent (due when notice is given or on move-out, whichever is later). The renter must move out within 15 days after notice and pay rent for that period, and must be in compliance with the lease (limited exception for violations within 30 days caused by the domestic violence). Not available after an eviction notice is served. Prior financial obligations remain. Victims of domestic violence, stalking, sexual offenses, burglary or dating violence may also require new locks at their own cost, and the owner may not give a key to the perpetrator. Utah Code 57-22-5.1	Not verified yet

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Albuquerque

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