Guadalupe County sits in the geographic heart of New Mexico along the I-40 corridor, anchored by Santa Rosa — a small city of approximately 2,700 on the Pecos River that serves as a regional stop on the historic Route 66 and the I-40 transcontinental highway. The county seat is best known for the Blue Hole, a crystal-clear artesian spring popular with divers and swimmers, and for its Route 66 heritage tourism. The county’s total population of approximately 4,500 is supported by county and state government, a small school district, I-40 commercial services, and cattle ranching across its vast grasslands.
The formal rental market in Guadalupe County is extremely limited. Most housing is owner-occupied, and rental activity consists primarily of informal arrangements among community members and a small number of units serving government and school district workers. What rentals exist typically run $650–$900 per month. The county’s location on I-40 creates some transient demand from travelers and seasonal workers but minimal stable rental demand.
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 (NMSA § 47-8-31). Failure triggers double damages plus attorney’s fees.
Fourth Judicial District Court
Evictions filed at Fourth Judicial District Court. Santa Rosa courthouse: 901 S. 2nd St., Santa Rosa, NM 88435. Phone: (575) 472-3888. Confirm current clerk hours before filing.
Habitability
UORRA habitability standards apply (NMSA § 47-8-20). Santa Rosa at 4,600 ft has hot summers and occasional cold winters. 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
Santa Rosa: Government and school district employees are the most stable tenant segment in this small market. Verify employment at 3x monthly rent. In a town of 2,700, personal reputation matters — be a fair, responsive landlord.
I-40 corridor: Some demand from transient workers and travelers. Use month-to-month arrangements or short fixed terms for this segment. Verify income carefully.
Remote workers: Santa Rosa’s Blue Hole and Route 66 charm attract a small but growing remote-work contingent. Verify income with employer letter and bank statements.
Background checks, eviction history, credit reports — get the full picture before handing over the keys.
Guadalupe County New Mexico Landlord-Tenant Law: Guide for Santa Rosa Area Rental Property Owners
Guadalupe County occupies a stretch of east-central New Mexico along I-40, bisected by the Pecos River and anchored by Santa Rosa — a community of approximately 2,700 that sits at the intersection of Route 66 heritage, artesian spring diving tourism, and the working ranching economy of the New Mexico plains. The county seat is widely known for the Blue Hole, a perfectly round artesian spring that maintains a constant 61°F temperature and draws divers and swimmers from across the region. The community’s Route 66 heritage — including the Club Café’s iconic fat man logo and the original alignment of US 66 — makes it a stop for American road trip tourism. Beyond tourism, Guadalupe County’s economy is driven by county and state government, a small school district, ranching, and the I-40 commercial corridor.
The county’s rental market is among the thinnest in New Mexico. Most housing is owner-occupied, and what rental activity exists serves government, school district, and healthcare workers primarily. The small scale of the community means that landlord reputation matters enormously — in Santa Rosa, being known as a fair and responsive landlord is a meaningful competitive advantage in a market where there are very few rental options and tenants talk to one another.
New Mexico Law in Guadalupe County
New Mexico’s UORRA governs all residential rental relationships in Guadalupe 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. Evictions are filed in the Fourth Judicial District Court at 901 S. 2nd St., Santa Rosa, NM 88435, reachable at (575) 472-3888. Contact the clerk’s office to confirm current hearing schedules before filing.
This guide is provided for general informational purposes only and does not constitute legal advice. Consult a licensed New Mexico attorney or contact the Fourth Judicial District Court in Santa Rosa at (575) 472-3888 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 Fourth Judicial District Court at (575) 472-3888 for specific guidance. Last updated: April 2026.
