Albuquerque, New Mexico · Can't Pay Rent

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

This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in Albuquerque.

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.

What the law says

  1. 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.

    Source:
    1. § 47-8-15(B), New Mexico Statutes Annotated 1978 (NMSA). Law.

  2. 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.

    Source:
    1. § 47-8-15(D), New Mexico Statutes Annotated 1978 (NMSA). Law.

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

    Source:
    1. § 47-8-15(D), New Mexico Statutes Annotated 1978 (NMSA). Law.

  4. 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.

    Source:
    1. § 47-8-15(D), New Mexico Statutes Annotated 1978 (NMSA). Law.

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

    Source:
    1. § 47-8-15(G), New Mexico Statutes Annotated 1978 (NMSA). Law.

Talk to your landlord

  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.

    Source:
    1. Our editorial rules.

Get help paying rent

  1. 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.

    Source:
    1. HHH Emergency Rental & Utility Assistance Program section, City of Albuquerque. A government guide.

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

    Source:
    1. New Mexico Emergency Rental Assistance Program (ERAP), City of Albuquerque. A government guide.

If you still cannot pay

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

    Source:
    1. § 47-8-18(C), New Mexico Statutes Annotated 1978 (NMSA). Law.

Published by Nazanin, September 27, 2026. Is something on this page wrong or out of date? Tell us.