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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 111472
Experience:  Attorney with over 24 years experience.
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I signed a contract in Dec. of 2007, which states that I

Customer Question

I signed a contract in Dec. of 2007, which states that I have to give 90 days notice before I move out, or I can be charged the live in fee, which in my case could be $3000, if the apartment is not resold by then. Do I have any options other than accepting this. I need to move because of my health problems
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid that the NM law does not make exception for this reason to the grounds to break a lease. The only grounds to break a lease without penalty in NM is military active duty and domestic violence. Otherwise, I am sorry to say if you signed a lease agreement stating you agreed to give 90 day notice, the courts have no choice but to enforce that provision. You can seek to lease the premises out during that time to someone else to try to prevent losing money. I am afraid your only other option would be to try to negotiate this with the landlord to get them to agree to waive that penalty for giving less than 90 day notice.