Facing Eviction in Albuquerque: What Can I Do?

1. In Albuquerque, the Bernalillo County Metropolitan Court hears landlord and tenant cases. It hears only cases where the amount of money in dispute is $10,000 or less.

   Bernalillo County Metropolitan Court About the Courts: Bernalillo County Metropolitan Court Bernalillo County Metropolitan Court FAQs: I need to file a civil lawsuit

   ✓ Sources checked October 3, 2026

2. Unless state law says otherwise, the first time you seriously break your lease, your landlord must give you a written notice. The notice must describe what you did wrong, with dates and facts. It must say your lease will end at least 7 days after you receive it, unless you fix the problem within 7 days.

   New Mexico Statutes Annotated 1978 (NMSA) § 47-8-33(A)

   ✓ Sources checked October 3, 2026

3. In New Mexico, only these acts are a substantial violation. They must happen on the property or within 300 feet, by you or with your consent.

   • illegal drug possession, use, sale or making, except misdemeanor (minor crime) possession or use.
   • unlawful use of a deadly weapon.
   • unlawfully causing serious physical harm.
   • sexual assault or molestation.
   • entering a home or car without permission to steal or attack.
   • theft by force or threat, or trying it.
   • damaging property over $1,000 on purpose or recklessly.
   New Mexico Statutes Annotated 1978 (NMSA) § 47-8-3(V)

   ✓ Sources checked October 3, 2026

4. If you knowingly commit a substantial violation, or knowingly let someone in your home do so, your landlord must give you a written notice. The notice must state the time, place and nature of the act. It must say your lease will end at least 3 days after you receive the notice.

   New Mexico Statutes Annotated 1978 (NMSA) § 47-8-33(I)

   ✓ Sources checked October 3, 2026

5. If you don't pay rent, New Mexico law requires your landlord to give you written notice before ending your lease. You then have 3 days after the notice to pay the full amount owed. If you pay in full within the 3 days, in the way the notice describes, your landlord cannot end your lease for nonpayment.

   New Mexico Statutes Annotated 1978 (NMSA) § 47-8-33(D)

   ✓ Sources checked October 3, 2026

6. Once the notice period passes, your landlord can file a petition for restitution with the court to start your eviction case. After you are served with the summons, the court must set your trial for a date between 7 and 10 days later.

   New Mexico Statutes Annotated 1978 (NMSA) § 47-8-42

   ✓ Sources checked October 3, 2026

7. You can file an answer to your landlord's eviction case on or before the day set for you to appear in court. In your answer you can raise any defense you have. You can also raise any setoff or counterclaim (claims you have against your landlord). If you do not appear in court after being properly served, the court can decide your case as if you were there.

   New Mexico Statutes Annotated 1978 (NMSA) § 47-8-45

   ✓ Sources checked October 3, 2026

8. If your landlord wins the case, the court can issue a writ of restitution (a court order letting the sheriff remove you). The sheriff must carry this out between 3 and 7 days after the court's decision.

   New Mexico Statutes Annotated 1978 (NMSA) § 47-8-46(A)

   ✓ Sources checked October 3, 2026

9. If you lose your eviction case, you can appeal the judgment (the court's final decision). Your appeal pauses the writ of restitution (the court order telling the sheriff to give the home back to your landlord). The pause only starts if you pay within 5 days of filing your notice of appeal. You pay the rent due from the day after the judgment to the end of that rental period. You pay it to your landlord or into an account held by a professional escrow agent.

   New Mexico Statutes Annotated 1978 (NMSA) § 47-8-47(A)

   ✓ Sources checked October 3, 2026

10. While your eviction appeal goes on, you must keep paying the monthly rent your lease set when your landlord filed the eviction case. You pay it on the day rent would normally be due. If you get a rent subsidy, you pay no more than the rent you actually pay each month. If you pay your landlord directly, your landlord must give you a written receipt when you ask.

    New Mexico Statutes Annotated 1978 (NMSA) § 47-8-47(A)

    ✓ Sources checked October 3, 2026

11. If you miss a rent payment during your appeal, your landlord can serve a 3-day written notice. If you do not pay within those 3 days, the court sets a hearing within 10 days after it learns you did not pay. If it finds you did not pay, it must end the pause on your removal. It then issues the writ of restitution (the court order for the sheriff to return the home to your landlord). It will not do this if you show a legal reason for not paying.

    New Mexico Statutes Annotated 1978 (NMSA) § 47-8-47(A)

    ✓ Sources checked October 3, 2026

12. If you follow your lease and the state renter law, your landlord cannot punish you for certain actions from the past 6 months. Punishing you means raising your rent, cutting services, or bringing or threatening an eviction case. One protected action is a code complaint about a problem that seriously affects health and safety. Others are a written repair request made in good faith, or a fair housing complaint. You can use this rule as a defense in your eviction case. A landlord who breaks it owes you 2 times your monthly rent. For a $1,200 monthly rent, that is $2,400. You get this money only if you win your case and your landlord pays.

    RenterLaw editorial New Mexico Statutes Annotated 1978 (NMSA) § 47-8-39(A)

    ✓ Sources checked October 3, 2026

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