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Updated almost 5 years ago on . Most recent reply

Anthony Generous's profile image
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Anthony Generous
  • Rental Property Investor
  • Member since Jul 16, 2019
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Anthony Generous's profile image
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Anthony Generous
  • Rental Property Investor
  • Member since Jul 16, 2019
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Anthony Generous
  • Rental Property Investor
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General Landlording & Rental Properties

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

Anthony Generous
  • Rental Property Investor
Posted

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!

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Account Closed's profile image
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Account Closed
  • from San Jose, CA
  • Member since Mar 22, 2015
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Account Closed
  • from San Jose, CA
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Account Closed
  • San Jose, CA
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Account Closed
  • San Jose, CA
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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.

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