De Baca County is one of New Mexico’s smallest counties by population, with approximately 2,000 residents spread across the rolling Pecos River grasslands of east-central New Mexico. The county seat and only incorporated community is Fort Sumner — a town of roughly 1,200 people best known historically as the site of the Bosque Redondo internment of the Navajo and Mescalero Apache peoples in the 1860s and as the burial place of William H. Bonney, better known as Billy the Kid. The county’s economy is almost entirely agricultural — cattle ranching, dairy operations, and some irrigated crop farming along the Pecos River — with county government and a small school district rounding out employment.
The formal rental market in De Baca County is extremely limited. Most housing is owner-occupied, and what rental activity exists consists largely of agricultural worker housing and informal arrangements between community members. When rentals are available, they typically run $600–$850 per month. Landlords in De Baca County are operating in one of the thinnest rental markets in New Mexico — word of mouth, community reputation, and personal relationships matter far more here than in larger markets.
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).
Tenth Judicial District Court
Evictions filed at Tenth Judicial District Court, 514 Ave. C, Fort Sumner, NM 88119. Phone: (575) 355-2896. Hours: Mon–Fri 8:00 a.m.–5:00 p.m. Fort Sumner is extremely remote — contact the clerk before filing to confirm current procedures.
Agricultural Worker Housing
Most rental-like arrangements in De Baca County involve ranch or farm worker housing. The UORRA employee occupancy exemption (NMSA § 47-8-8(E)) may apply when housing is tied to employment. Consult an attorney before assuming standard residential procedures govern.
Habitability
UORRA habitability standards apply (NMSA § 47-8-20). Fort Sumner at 4,030 ft has hot summers and occasional winter cold snaps — both cooling and heating systems should be functional.
Self-Help Eviction
Prohibited statewide. All removals require court process (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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⚠️ 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
🏘️ Communities & Screening Tips
Fort Sumner: Government, school district, and healthcare workers are the most stable tenant pool in this tiny market. In a community of 1,200, personal reputation matters enormously — be a fair and responsive landlord and word will spread positively.
Ranch / ag workers: Confirm whether housing is tied to employment before using a standard lease. If occupancy is conditioned on employment, the UORRA employee exemption may apply — consult an attorney.
Remote workers: A small but growing segment. Verify income with employer letter and 3 months bank statements. Internet connectivity in Fort Sumner is improving but confirm service availability for the specific property.
Background checks, eviction history, credit reports — get the full picture before handing over the keys.
De Baca County New Mexico Landlord-Tenant Law: Guide for Fort Sumner Area Rental Property Owners
De Baca County is one of New Mexico’s smallest and most historically significant counties, named for Ezequiel Cabeza de Baca, New Mexico’s second governor. The county occupies a broad stretch of the Pecos River valley in east-central New Mexico, where the rolling grasslands of the Llano Estacado give way to the river bottom. Fort Sumner, the county seat and only incorporated community, sits along the Pecos at 4,030 feet elevation. The town is most famous for the Bosque Redondo Memorial — which commemorates the tragic forced relocation of Navajo and Mescalero Apache peoples to this location in the 1860s — and for the grave of Billy the Kid at the nearby Old Fort Sumner Museum site, which draws visitors from across the world.
The county’s economy is anchored almost entirely by agriculture — cattle ranching, dairy operations, and Pecos River irrigated farming — with county government and a small school district providing the only significant non-agricultural employment. The formal rental market is correspondingly thin. Most available rentals are agricultural worker housing or informal month-to-month arrangements in Fort Sumner. For landlords operating here, the practical challenges are similar to other remote New Mexico counties: attorney access requires travel, the courthouse is in Fort Sumner but may have limited staffing, and community relationships matter more than formal market dynamics in a town of 1,200 people.
New Mexico Law in De Baca County
New Mexico’s UORRA applies to all non-exempt residential rental relationships in De Baca County. The standard framework governs: 3-day pay or quit for nonpayment, 7-day cure or quit for lease violations, 30-day notice for month-to-month termination, 1-month deposit cap for leases under one year, and 30-day deposit return. Evictions are filed in the Tenth Judicial District Court at 514 Ave. C, Fort Sumner, NM 88119, reachable at (575) 355-2896. For landlords renting agricultural worker housing that is tied to employment, the UORRA employee occupancy exemption (NMSA § 47-8-8(E)) may apply — making standard residential procedures inapplicable. Consult a New Mexico attorney before entering any housing arrangement conditioned on employment to ensure clarity on which legal framework governs.
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 Tenth Judicial District Court in Fort Sumner at (575) 355-2896 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 Tenth Judicial District Court at (575) 355-2896 for specific guidance. Last updated: April 2026.
