Bernalillo County is New Mexico’s most populous county and the economic, cultural, and governmental center of the state. Home to approximately 680,000 residents, the county is anchored by Albuquerque — a city of roughly 565,000 that serves as New Mexico’s commercial hub, medical center, and largest employment market. The University of New Mexico (UNM), with enrollment exceeding 25,000, drives significant student housing demand in the Nob Hill and UNM Heights neighborhoods. Kirtland Air Force Base, one of the Air Force’s key research and logistics installations, employs tens of thousands of military and civilian personnel. The county also hosts Sandia National Laboratories, one of the nation’s premier national security research facilities, bringing a large population of scientists and engineers who contribute to the professional rental market.
Albuquerque’s rental market has grown significantly over the past decade, driven by population growth, in-migration from higher-cost Western states, and a diversifying economy anchored by healthcare, technology, government, and education. Median rents for two-bedroom units typically run $1,100–$1,600 depending on neighborhood and unit type, with the East Side, Nob Hill, and North Valley commanding premiums over the South Valley and West Side. The county is notably landlord-friendly under state law, with no local rent control and strong eviction remedies — though Albuquerque and Bernalillo County have enacted source-of-income anti-discrimination ordinances that landlords must comply with.
UNM, Kirtland AFB, Sandia Labs, Presbyterian Health
Court
Second Judicial District Court
Typical Rent (2BR)
$1,100–$1,600/mo
Rent Control
None (state preemption)
Source-of-Income Protection
Yes — ABQ & Bernalillo Co.
⚡ Eviction At-a-Glance
Nonpayment Notice
3-Day Pay or Quit
Lease Violation
7-Day Notice to Cure or Quit
Month-to-Month Term.
30-Day Written Notice
Security Deposit Cap
1 month’s rent (leases under 1 yr)
Deposit Return
30 days after termination
Late Fee Cap
10% of monthly rent
Entry Notice
24 hours
Statute
NMSA 1978 §§ 47-8-1 et seq. (UORRA)
Bernalillo County & Albuquerque Local Ordinances
Topic
Rule / Notes
Rent Control
None. New Mexico’s Rent Control Preemption Act (1991) prohibits all local rent stabilization ordinances statewide.
Source-of-Income Discrimination
⚠️ Important: Both the City of Albuquerque and Bernalillo County prohibit landlords from refusing to rent or setting different terms based on a tenant’s source of income, including Section 8 / Housing Choice Vouchers. Violations may result in civil liability under the NM Human Rights Act.
Albuquerque Housing Code
Albuquerque has local housing code standards requiring landlords to maintain weathertight doors and windows, structural integrity, and sanitation. Contact Albuquerque Environmental Health at (505) 768-2600 for code enforcement inquiries.
Security Deposit
Capped at 1 month’s rent for leases under 1 year. No cap for leases 1 year or longer, but must be reasonable. Interest required on deposits exceeding 1 month’s rent. Return within 30 days with itemized statement (NMSA § 47-8-31).
Second Judicial District Court
Evictions filed at Second Judicial District Court, 400 Lomas Blvd NW, Albuquerque, NM 87102. Phone: (505) 841-7425. Magistrate Court handles small claims and unlawful detainer cases under the jurisdictional limit.
Kirtland AFB / Military Tenants
Federal SCRA applies to active duty military tenants at Kirtland AFB and Sandia Labs civilian equivalents. Military tenants may terminate leases early upon PCS or deployment orders with 30-day written notice.
Screening Fees (2025)
Under NM SB 267 (effective 2025), screening fees must be disclosed in writing before charging. Applicants may reuse background check reports within 90 days at no additional charge.
Self-Help Eviction
Prohibited. Landlords may not remove tenants by force, shutting off utilities, removing doors/locks, or removing tenant property. Violations trigger actual damages plus up to 3 months rent in punitive damages (NMSA § 47-8-36).
Tenant Can Cure?Yes - tenant can pay full amount within 3 days to bar eviction action; also right to cure after judgment in disputed cases
Days to Hearing7-10 (trial set 7-10 days after service of summons) days
Days to Writ3-7 days after judgment (court discretion) days
Total Estimated Timeline14-49 days
Total Estimated Cost$150-500
⚠️ Watch Out
CRITICAL: Rent must be 3 days past due before notice can be served. Tender of full amount due before expiration of 3-day notice bars any action for nonpayment (§ 47-8-33(D)). In disputed cases where tenant claims rent abatement or landlord allocated rent to damages, court enters writ conditioned on tenant's right to remedy within 3 days of judgment entry. Notice must use substantially similar form to § 47-8-56(a). Late fees capped at 10% of monthly rent (§ 47-8-15(D)). No state grace period beyond the 3 days. Filing fee: $80 magistrate + $30 per additional defendant; $157 Metro Court. Hearing set 7-10 days after service. Either party can request 7-day continuance. Tenant can appeal to district court within 10 days (magistrate) or 30 days (district); must pay rent or escrow within 5 days of appeal (§ 47-8-47).
Serve the required notice based on the eviction reason (nonpayment or lease violation).
Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
File an eviction case with the Magistrate Court (Metro Court in Albuquerque) or District Court - Petition for Restitution (NMSA § 47-8-41). Pay the filing fee (~$$80-157 (magistrate); $212 (district)).
Tenant is served with a summons and has the opportunity to respond.
Attend the court hearing and present your case.
If you prevail, obtain a writ of possession from the court.
Law enforcement executes the writ and removes the tenant if necessary.
⚠️ Disclaimer: This page provides general information about New Mexico eviction laws and does not constitute legal advice.
Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections.
For specific legal guidance, consult a qualified New Mexico attorney or local legal aid organization.
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tenant screening in New Mexico —
including background checks, credit history, income verification, and rental references — is one of the most
cost-effective steps you can take to protect your rental property. Before you ever need New Mexico's
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you identify red flags early and avoid problem tenancies altogether.
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⚠️ Disclaimer: These calculations are estimates based on state statutes and typical court timelines. Actual results vary by county, court backlog, and case specifics. Always verify current requirements with your local courthouse. This is not legal advice.
Underground Landlord
🏘️ Neighborhoods & Screening Tips
UNM / Nob Hill area: Heavy student demand. Require co-signers with 5x monthly rent for student applicants. Use 12-month leases to avoid summer vacancy. High turnover market — document condition meticulously at move-in.
Kirtland AFB / SE Heights: Military and Sandia Labs tenants are stable. Request LES for military income verification. Understand SCRA early termination rights before signing any military tenant lease.
Source-of-income: You cannot reject Section 8 applicants in Albuquerque or Bernalillo County. Screen HCV applicants on income, rental history, and condition — not on voucher status.
Background checks, eviction history, credit reports — get the full picture before handing over the keys.
Bernalillo County New Mexico Landlord-Tenant Law: Guide for Albuquerque Area Rental Property Owners
Bernalillo County is New Mexico’s largest and most economically diverse county, home to Albuquerque — a metropolitan area of approximately 900,000 when the broader MSA is included. Albuquerque is a genuinely complex rental market, offering landlords a wide range of tenant profiles across a large geographic footprint: university students near UNM, military and federal research workers near Kirtland AFB and Sandia National Laboratories, healthcare professionals anchored by Presbyterian Hospital and UNM Health, state government workers, and a growing tech and creative economy in the downtown and East Downtown corridors. The city’s International District and South Valley also present more affordable rental options with higher concentrations of working-class and immigrant tenant households.
New Mexico’s Uniform Owner-Resident Relations Act (UORRA), codified at NMSA 1978 §§ 47-8-1 through 47-8-52, governs all residential rental relationships in Bernalillo County. The state framework is notably landlord-friendly in several respects: a 3-day pay or quit notice period for nonpayment, no just-cause eviction requirement, no rent control (the 1991 Rent Control Preemption Act prohibits any local rent stabilization), and strong remedies for self-help eviction violations that deter tenant misconduct. At the same time, New Mexico law caps security deposits at one month’s rent for leases under one year, requires return of deposits within 30 days with itemization, caps late fees at 10% of monthly rent, and requires 24-hour entry notice.
Key Local Rules: Source-of-Income and Housing Code
The most important local rule Bernalillo County landlords must understand is the source-of-income anti-discrimination ordinance. Both the City of Albuquerque and Bernalillo County have enacted ordinances prohibiting landlords from refusing to rent to, or discriminating in lease terms against, any prospective tenant based on their source of income — including Housing Choice Vouchers (Section 8). A landlord who rejects a qualified HCV applicant solely because of voucher status may face civil liability under the New Mexico Human Rights Act. Screen HCV applicants on the same criteria as all other applicants: income (the HCV payment plus tenant contribution must meet your income standard), rental history, and criminal background — not on the fact of voucher receipt.
Albuquerque also maintains a local housing code administered by the Environmental Health Department that requires landlords to maintain weathertight doors and windows, structural integrity, functioning plumbing and heating, and basic sanitation standards. These overlap significantly with the state UORRA habitability requirements but may be enforced separately by city inspectors. Landlords renting units within Albuquerque city limits should ensure their properties meet both state and city standards and maintain documentation of annual maintenance and inspections.
This guide is provided for general informational purposes only and does not constitute legal advice. Landlord-tenant law is subject to change. Consult a licensed New Mexico attorney or contact the Second Judicial District Court in Albuquerque at (505) 841-7425 for guidance specific to your situation. Last updated: April 2026.
⚠️ Legal Disclaimer: This page is provided for general informational purposes only and does not constitute legal advice. Consult a licensed New Mexico attorney or contact the Second Judicial District Court at (505) 841-7425 for specific guidance. Last updated: April 2026.
