NM Law: does a text message count as written notice?

Question

My tenant texted me the date he was going to move out. Now, I have a lease with another tenant that will start 3 days after the current tenant was going going to move out. My current tenant now has different plans and tells me he will be staying in the house now. Would his text hold up in New Mexico as written notice to terminate the lease?

Thanks in advance!

Account Closed · Answer

If you have communicated via text in the past, then yes, it's valid notice:

https://law.justia.com/codes/new-mexico/2011/chapter14/article16/section14-16-5/

Most states abide by the Uniform Electronic Transmissions rules, and New Mexico is one of them.

Anthony Generous · Answer

Thank you!

Anthony Generous · Answer

David, that is my plan.  My conversation with the first tenant ended with him refusing to leave.  I am going to visit base legal, the first shirt, and commander going forward.

It is sad, I have been renting to my squadron mates for years now and have had zero issues because we are all bros.  The guy I’m dealing with is exceptional(in a bad way of course)....and he outranks me, which doesn’t help the cause....not that it should matter.

David Pere · Answer

Personally,

as a service member, I vote you tell the first tenant (in person) that you can't extend them because you already filled the spot with another service member. If they don't understand (which they should) then you pull them in a room with your C.O. and explain that you already signed a lease with an incoming service member, I would imagine things would resolve themselves immediately.

Anthony Generous · Answer

Hi James,

Totally agree.  But in my situation, both tenants are military members.  The outgoing tenant only has the lease for a few more months but was getting out of it early with military clause.  The new tenant is going to be on 3 year lease.  If I lose the new tenant because the house is still occupied, I would be losing a 3 year tenant for my old tenant only being in the house for a few extra months.  The military move schedule is every 6 months now, so I would not have another influx of people until September.  Unfortunately, both tenants are co-workers as well.  It is putting me in a bad spot personally and professionally.

Tony

James Wise · Answer

Your question isn't really relevant to your situation. You've got to figure out what to do right now. Whether or not his notice was a valid legal notice does not remove him from the property quick enough to get your new tenant in there. So you need to figure out if it makes sense to make him sign a new lease and stay or if him leaving voluntarily is the better move. I'd lean towards the option that avoids turnover costs myself. Turnover costs are what kill our returns in this business.

Ramon Mota · Answer

Anthony I think this is a great and valid question. I'm in California and in our agreement it I put that text was ok for normal written communication like maintenance appointment or request. But I feel like I read that electronic communication was not useable for legal notice i.e. 30-60 day, 3 day pay or quit ECT.  I would like to see what other folks have to say about it.

NM Law: does a text message count as written notice?

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