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Grant County New Mexico
Grant County · New Mexico

Grant County Landlord-Tenant Law

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

📍 County Seat: Silver City
👥 Pop. ~27,000
⚖️ Sixth Judicial District Court
⛏️ Silver City / WNMU / Mining & Arts

Grant County Rental Market Overview

Grant County occupies the rugged mining and ranching country of southwestern New Mexico, anchored by Silver City — a historic copper mining town of approximately 10,000 that has reinvented itself as a vibrant arts community, outdoor recreation hub, and college town. Western New Mexico University (WNMU), a four-year public university with enrollment of approximately 3,500, provides Silver City’s most stable employment anchor and drives significant student housing demand. The county’s mining heritage is still very much alive — the Chino Mine, one of the largest open-pit copper mines in the United States, operates southeast of Silver City and provides industrial employment that contributes meaningfully to local housing demand.

Silver City’s rental market is driven by an unusual mix: WNMU students and faculty, Chino Mine workers, Gila Regional Medical Center healthcare staff, county and state government employees, retirees attracted by the area’s mild climate and arts scene, and an increasingly prominent contingent of remote workers drawn by Silver City’s distinctive character and relative affordability. The community has a well-established arts district and hosts the Tour of the Gila cycling race. Rents typically run $750–$1,100 per month. The market is stable but thin — vacancy rates can fluctuate significantly with WNMU enrollment cycles.

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📊 Quick Stats

County Seat Silver City
Population ~27,000
Key Employers WNMU, Chino Mine (copper), Gila Regional Medical Center, county/state govt
Court Sixth Judicial District Court
Typical Rent ~$750–$1,100/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)

Grant 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.
Sixth Judicial District Court Evictions filed at Sixth Judicial District Court, 201 N. Cooper St., Silver City, NM 88061. Phone: (575) 574-1920. Hours: Mon–Fri 8:00 a.m.–5:00 p.m.
WNMU Student Market WNMU enrollment of ~3,500 creates meaningful student housing demand near campus. Require co-signers for student applicants without independent income. Use 12-month leases to avoid summer vacancy. Document move-in condition thoroughly.
Habitability UORRA habitability standards apply (NMSA § 47-8-20). Silver City at 5,900 ft has mild summers and genuine winters with occasional snow. Functioning heat is legally required and practically essential.
Mining Worker Housing Chino Mine operations bring stable industrial workers to the market. If housing is provided as a condition of mining employment, the UORRA employee exemption (NMSA § 47-8-8(E)) may apply — consult an attorney before using standard residential lease forms for company housing.
Self-Help Eviction Prohibited statewide. All removals require court process (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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🔎 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

WNMU area: Student demand is real but requires co-signers for applicants without independent income. Use 12-month leases to capture summer occupancy. Document condition meticulously at move-in.

Healthcare & government workers: Gila Regional staff, WNMU faculty, and county/state employees are the most stable long-term tenants. Verify at 3x monthly rent.

Remote workers & retirees: Growing segment drawn by Silver City’s arts scene and outdoor access. Verify income with employer letter and 3 months bank statements. Often excellent long-term tenants.

Grant County Landlords

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Grant County New Mexico Landlord-Tenant Law: Guide for Silver City Area Rental Property Owners

Grant County is one of New Mexico’s most distinctive communities — a mountain county in the state’s rugged southwest where copper mining heritage, a nationally recognized arts scene, and world-class outdoor recreation converge in the historic community of Silver City. Sitting at 5,900 feet in the foothills of the Black Range and the Mogollon Mountains, Silver City has long attracted artists, adventurers, and academics alongside the mining and ranching workforce that has defined the region for over a century. Western New Mexico University, a four-year public institution with strong education and liberal arts programs, provides a stable institutional anchor that gives the community a college-town character uncommon in a community of its size.

The county’s rental market reflects this diversity. WNMU enrollment of approximately 3,500 students creates meaningful demand near campus, particularly in the neighborhoods immediately surrounding the university. Freeport-McMoRan’s Chino Mine, one of the largest open-pit copper mines in the United States, employs a stable industrial workforce that seeks housing in Silver City and surrounding communities. Gila Regional Medical Center provides healthcare employment. And a growing population of retirees and remote workers — drawn by Silver City’s mild four-season climate, established arts district, and proximity to the Gila Wilderness — has added an affluent professional segment to the tenant pool over the past decade.

New Mexico Law in Grant County

New Mexico’s UORRA governs all residential rental relationships in Grant County. The standard framework applies: 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, 30-day deposit return with itemization, and 10% late fee cap. Silver City’s elevation of 5,900 feet means genuine winters with periodic snow and cold temperatures — functioning heating systems are legally required under UORRA habitability standards. Evictions are filed in the Sixth Judicial District Court at 201 N. Cooper St., Silver City, NM 88061, reachable at (575) 574-1920.

This guide is provided for general informational purposes only and does not constitute legal advice. Consult a licensed New Mexico attorney or contact the Sixth Judicial District Court in Silver City at (575) 574-1920 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 Sixth Judicial District Court at (575) 574-1920 for specific guidance. Last updated: April 2026.

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