McKinley County is one of New Mexico’s most culturally significant counties, anchored by Gallup — a city of approximately 22,000 that serves as the commercial and services hub for a vast region of the Navajo Nation and is widely known as the “Indian Capital of the World” for its role as a trading center for Navajo, Zuni, Hopi, and other Indigenous peoples. Gallup sits at 6,500 feet on I-40 and the historic Route 66 corridor and hosts the annual Intertribal Indian Ceremonial, one of the oldest and largest Native American cultural gatherings in the country. The county’s total population of approximately 70,000 is majority Native American, with a large Navajo Nation population both on and off the reservation.
The most critical jurisdictional note for McKinley County: large portions of the county are Navajo Nation trust land and other tribal trust land. New Mexico state law — including the UORRA — does NOT apply to housing on tribal trust land. The Navajo Nation has its own laws and courts governing landlord-tenant relationships on the reservation. This guide applies only to off-reservation, non-tribal fee land within McKinley County. Rents in Gallup’s off-reservation market typically run $750–$1,100 per month.
State law does NOT apply on Navajo Nation trust land
⚡ 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) — fee land only
McKinley County & Gallup Local Ordinances
Topic
Rule / Notes
Tribal Land Jurisdiction
⚠️ Critical: Large portions of McKinley County — including Gallup’s surrounding areas — are Navajo Nation trust land. New Mexico state law does NOT apply to housing on Navajo Nation trust land. The Navajo Nation has its own landlord-tenant laws, courts, and enforcement. This guide applies ONLY to off-reservation, non-tribal fee land. Before any rental agreement, confirm land status with the McKinley County Assessor to verify your parcel is fee land subject to state jurisdiction.
Rent Control
None on fee land. 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).
Eleventh Judicial District Court
Fee land evictions filed at Eleventh Judicial District Court. Gallup courthouse: 201 W. Hill Ave., Gallup, NM 87301. Phone: (505) 863-6816. Note: Navajo Nation disputes are handled by Navajo Nation District Courts, not the Eleventh Judicial District.
Habitability
UORRA habitability standards apply on fee land (NMSA § 47-8-20). Gallup at 6,500 ft has cold winters with significant snowfall and occasional extreme cold — functioning heat is legally required and essential.
Self-Help Eviction
Prohibited on fee land. 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
Land status first: Before renting any property in McKinley County, confirm it is on fee land subject to New Mexico state law. Contact the McKinley County Assessor’s office. This single step prevents jurisdictional problems down the road.
Gallup workforce: Healthcare workers at Rehoboth McKinley Christian Hospital and GIMC, government employees, school district staff, and retail workers are the most stable tenants. Verify employment at 3x monthly rent.
Indian Health Service: IHS employs healthcare professionals throughout the Gallup area who are stable federal employees. Good tenants — verify income with IHS employment letter.
Background checks, eviction history, credit reports — get the full picture before handing over the keys.
McKinley County New Mexico Landlord-Tenant Law: Guide for Gallup Area Rental Property Owners
McKinley County is one of New Mexico’s most culturally rich and jurisdictionally complex counties. Gallup, the county seat and largest city, has served for well over a century as the primary commercial gateway between the Navajo Nation — the largest Native American reservation in the United States — and the broader American economy. The city’s position on I-40 and the historic Route 66 corridor, combined with its role as a trading post for Navajo, Zuni, and Hopi artisans and craftspeople, has made it one of the most significant centers of Native American commerce and culture in the country. The Gallup Intertribal Indian Ceremonial, held annually since 1922, draws tens of thousands of visitors and remains one of the most important cultural events in the American Southwest.
The county’s population of approximately 70,000 is majority Native American, with a substantial Navajo Nation population both on the reservation and in Gallup’s off-reservation urban area. This demographic reality has profound implications for McKinley County landlords: a very large portion of the county’s land area — and of the population surrounding Gallup — is Navajo Nation trust land where New Mexico state law, including the UORRA, does not apply. Before entering any rental agreement for a property in or near McKinley County, landlords must confirm the land status of their specific parcel.
Tribal Land Jurisdiction — The Most Important Rule
The Navajo Nation is a sovereign nation with its own laws, courts, and governmental institutions. Housing on Navajo Nation trust land is governed by Navajo Nation law and adjudicated in Navajo Nation District Courts — not in New Mexico state courts and not under the UORRA. A landlord who attempts to use New Mexico state court eviction procedures for a property on Navajo Nation trust land will have no jurisdiction. Always verify land status with the McKinley County Assessor before entering any lease. For fee land within the county and the city of Gallup itself, the UORRA applies fully: 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, 30-day deposit return, and 10% late fee cap. Evictions on fee land are filed in the Eleventh Judicial District Court at 201 W. Hill Ave., Gallup, NM 87301, reachable at (505) 863-6816.
This guide applies only to off-reservation, non-tribal fee land within McKinley County and is provided for general informational purposes only. It does not constitute legal advice. Consult a licensed New Mexico attorney or contact the Eleventh Judicial District Court at (505) 863-6816 for guidance specific to your situation. Last updated: April 2026.
⚠️ Legal Disclaimer: This page applies only to off-reservation, non-tribal fee land subject to New Mexico state jurisdiction. Housing on Navajo Nation or other tribal trust land is governed by tribal law. Consult a licensed New Mexico attorney or contact the Eleventh Judicial District Court at (505) 863-6816 for specific guidance. Last updated: April 2026.
