Albuquerque

Can't Pay Rent in Albuquerque: What Are My Options?

You cannot pay your full rent this month. This page covers your options under New Mexico law and City of Albuquerque programs. It does not cover a pay-or-quit notice or an eviction case: see the eviction page for those.

Need help now? Local Help in Albuquerque: legal aid, rent assistance, and who to call
Not legal advice. Each answer below links to where it comes from. Read it before you act.
  1. Contact your landlord in writing as soon as you know you cannot pay the full rent. Ask if they will accept part of your rent or set up a payment plan.

  2. Your rent is due on the day and at the place your lease sets. Your landlord does not have to ask you for it first. If your lease does not say where, you pay it at your rental home. If your lease does not set a monthly due day, rent is due at the start of each monthly period.

    ✓ Sources checked September 29, 2026

  3. Your landlord can only charge a late fee if your lease allows one. The fee cannot be more than 5% of your rent for that rental period. 5% of $1,000 rent is $50.

    ✓ Sources checked September 29, 2026

  4. Your late fee can only be based on your rent amount. It cannot include your deposit, other fees, or utilities (water, electric, gas).

    ✓ Sources checked September 29, 2026

  5. If your landlord charges a late fee, they must notify you by the last day of the next rental period. That period follows the one where you missed rent. For monthly rent, if you miss April's payment, they must notify you by the end of May.

    ✓ Sources checked September 29, 2026

  6. Your landlord cannot put your rent payment toward a deposit or toward money for damage or losses, unless you both agree in writing.

    ✓ Sources checked September 29, 2026

  7. If you owe rent when you move out, your landlord can use your deposit to help cover it.

    ✓ Sources checked September 29, 2026

  8. The City of Albuquerque runs an emergency rental and utility assistance program. It helps renters behind on rent or utilities (water, electric, gas). They must be at risk of eviction or of having utilities shut off. It is only for people who live in Albuquerque. Funding is limited. Contact the Health & Social Services Center nearest you.

    ✓ Sources checked September 29, 2026

  9. New Mexico ran a statewide rental assistance (money to help pay rent) program. It closed on June 30, 2023 and no longer takes applications.

    ✓ Sources checked September 29, 2026