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Chaves County New Mexico
Chaves County · New Mexico

Chaves County Landlord-Tenant Law

New Mexico landlord guide — county ordinances, courthouse info & local rules

📍 County Seat: Roswell
👥 Pop. ~65,000
⚖️ Fifth Judicial District Court
🛸 Roswell / Pecos Valley Agriculture

Chaves County Rental Market Overview

Chaves County is the commercial and agricultural hub of southeastern New Mexico’s Pecos Valley, anchored by Roswell — a city of approximately 47,000 that is both the county’s economic center and one of New Mexico’s more recognizable cities thanks to its association with the 1947 UFO incident that has fueled a tourism economy alongside the county’s more substantive agricultural, oil and gas, and government employment base. Eastern New Mexico University’s Roswell campus, Walker Air Force Base’s successor facilities at the Roswell International Air Center, and a growing manufacturing and distribution sector provide diverse employment anchors. The county also encompasses significant dairy and cattle operations in the Pecos River valley.

The Chaves County rental market is driven primarily by Roswell’s government, healthcare, and agricultural workforce. Roswell Regional Hospital and Eastern New Mexico Medical Center anchor healthcare employment. County and state government, school district employment, and a growing industrial sector at the Roswell International Air Center contribute stable demand. Tourism creates some seasonal lodging pressure but limited long-term rental demand. Rents typically run $850–$1,200 per month for single-family homes, making Roswell one of New Mexico’s more affordable rental markets outside of the rural southeast.

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📊 Quick Stats

County Seat Roswell
Population ~65,000
Key Employers ENMU-Roswell, Roswell Regional Hospital, Roswell Air Center, agriculture
Court Fifth Judicial District Court
Typical Rent ~$850–$1,200/mo
Rent Control None (state preemption)
Just-Cause Eviction Not required

⚡ 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)

Chaves County Ordinances & Local Rules

Topic Rule / Notes
Rental Licensing No county rental licensing required. New Mexico has no statewide landlord licensing statute.
Rent Control None. New Mexico’s Rent Control Preemption Act (1991) prohibits all local rent stabilization ordinances statewide.
Security Deposit Capped at 1 month’s rent for leases under 1 year. Must be returned with itemized statement within 30 days of termination (NMSA § 47-8-31). Failure triggers double damages plus attorney’s fees.
Fifth Judicial District Court Evictions filed at Fifth Judicial District Court, 400 N. Virginia Ave., Roswell, NM 88201. Phone: (575) 622-6100. Magistrate Court also handles smaller unlawful detainer matters.
Agricultural Worker Housing Chaves County has significant dairy and agricultural operations. Housing tied to farm employment may fall under the UORRA employee occupancy exemption (NMSA § 47-8-8(E)). Consult an attorney before assuming standard residential procedures apply.
Habitability UORRA habitability standards apply (NMSA § 47-8-20). Roswell at 3,600 ft has hot summers (100°F+) and occasional cold winters — functioning cooling and heating systems are both practically important for tenant retention.
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 statewide. All removals require court process and writ of restitution (NMSA § 47-8-36).

Last verified: April 2026 · Source: NM Courts

🏛️ Courthouse Finder

🏛️ Courthouse Information and Locations for New Mexico

💵 Cost Snapshot

💰 Eviction Costs: New Mexico
Filing Fee $80-157 (magistrate); $212 (district)
Total Est. Range $150-500
Service: — Writ: —

New Mexico State Law Framework

⚡ Quick Overview

3
Days Notice (Nonpayment)
7 (curable); 3 (substantial/criminal); 30 (periodic tenancy termination)
Days Notice (Violation)
14-49
Avg Total Days
$$80-157 (magistrate); $212 (district)
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 3-Day Notice of Nonpayment of Rent
Notice Period 3 days
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 Hearing 7-10 (trial set 7-10 days after service of summons) days
Days to Writ 3-7 days after judgment (court discretion) days
Total Estimated Timeline 14-49 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).

Underground Landlord

📝 New Mexico Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. 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)).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. 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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🔍 Reduce Your Risk Before Signing a Lease: New Mexico landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding 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 eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.
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AI-generated, state-specific eviction notices, pay-or-quit letters, lease termination documents, and more — pre-filled with your tenant's information and built to New Mexico requirements.

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🔎 Notice Calculator

📋 Notice Period Calculator

Select your state, eviction reason, and the date you plan to serve notice. We'll calculate your earliest filing date and key milestones.

⚠️ 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.
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🏘️ Communities & Screening Tips

Roswell workforce: Government, healthcare, and school district employees are the most stable tenant segment. Verify employment at 3x monthly rent with 2 recent pay stubs. These tenants have low relocation risk and tend to stay long-term.

ENMU-Roswell students: Community college students require co-signers with 5x monthly rent income. Academic-year vacancy risk is lower than at 4-year universities since many ENMU students are local working adults.

Air Center / industrial workers: Growing sector. Verify employment stability — confirm whether position is permanent vs. contract. For contract workers use shorter lease terms with renewal options.

Chaves County Landlords

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Chaves County New Mexico Landlord-Tenant Law: Guide for Roswell Area Rental Property Owners

Chaves County is the commercial heart of southeastern New Mexico, centered on Roswell — a city that has leveraged its 1947 cultural notoriety into a genuine tourism economy while maintaining the agricultural, healthcare, and government employment base that drives its day-to-day rental market. Sitting at 3,600 feet in the Pecos River valley, Roswell is the largest city between Albuquerque and the Texas border along the US-285/US-70 corridor and serves as a regional hub for a broad swath of southeastern New Mexico communities. The Roswell International Air Center, developed from the former Walker Air Force Base, has attracted manufacturing, logistics, and industrial tenants that diversify the employment base beyond government and agriculture.

The Roswell rental market is stable and relatively affordable by New Mexico standards. Single-family home rents of $850 to $1,200 per month are typical, and the market has seen modest but consistent rent growth as Roswell’s population and employment base have grown. The tenant pool is anchored by healthcare workers at Roswell Regional Hospital and Eastern New Mexico Medical Center, county and state government employees, Roswell Independent School District staff, and a growing industrial and logistics workforce at the Air Center. Eastern New Mexico University’s Roswell campus generates student demand, though most ENMU-Roswell students are nontraditional working adults who tend to be more stable renters than traditional university students.

New Mexico Law in Chaves County

All residential rental activity in Chaves County is governed by New Mexico’s Uniform Owner-Resident Relations Act (UORRA), NMSA 1978 §§ 47-8-1 through 47-8-52. The UORRA requires a written lease, caps security deposits at one month’s rent for leases under one year, mandates deposit return within 30 days with itemization, caps late fees at 10% of monthly rent, and requires 24-hour entry notice. Nonpayment evictions proceed on a 3-day pay or quit notice; lease violations on a 7-day cure or quit notice. Evictions are filed in the Fifth Judicial District Court at 400 N. Virginia Ave., Roswell, NM 88201, reachable at (575) 622-6100.

Roswell’s hot summers — temperatures regularly exceed 100°F from June through August — make functioning cooling systems a practical necessity for tenant retention even though the UORRA does not explicitly mandate air conditioning. Landlords should service HVAC systems annually, document that service in writing, and ensure cooling systems are operational before summer. This proactive approach reduces habitability complaints and tenant turnover in the summer months when extreme heat can otherwise make units genuinely uncomfortable.

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 Fifth Judicial District Court in Roswell at (575) 622-6100 for guidance specific to your situation. Last updated: April 2026.

🗺️ Neighboring Counties
⚠️ 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 Fifth Judicial District Court at (575) 622-6100 for specific guidance. Last updated: April 2026.

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