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Roosevelt County New Mexico
Roosevelt County · New Mexico

Roosevelt County Landlord-Tenant Law

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

📍 County Seat: Portales
👥 Pop. ~19,000
⚖️ Ninth Judicial District Court
🎓 Portales / ENMU / High Plains Agriculture

Roosevelt County Rental Market Overview

Roosevelt County sits on the high plains of eastern New Mexico, anchored by Portales — the county seat and home of Eastern New Mexico University (ENMU), the state’s third largest university. Portales has a population of approximately 12,000 and the county approximately 19,000. The local economy is built around three pillars: ENMU with its student body, faculty, and staff; agriculture — particularly peanut farming (Portales is one of the largest peanut-producing areas in the Southwest), dairy, and sorghum; and county and school district government. ENMU’s presence makes Portales a genuine college town with a rental market notably shaped by student housing demand.

The rental market is more developed than many eastern New Mexico counties precisely because of ENMU. Student housing, faculty and staff housing, and off-campus apartments all contribute to a real rental market with diverse demand segments. Rents typically run $700–$1,000 per month. The market is somewhat cyclical with the academic calendar — demand peaks in August and May sees turnover. The county is located immediately south of Curry County (Clovis) and the two communities share some economic linkage.

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📊 Quick Stats

County Seat Portales
Population ~19,000
Key Employers Eastern New Mexico University, agriculture, county/school district, healthcare
Court Ninth Judicial District Court
Typical Rent ~$700–$1,000/mo
Rent Control None (state preemption)
University Influence ENMU significantly shapes rental demand

⚡ 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)

Roosevelt County & Portales Local Ordinances

Topic Rule / Notes
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).
Ninth Judicial District Court Evictions filed at Ninth Judicial District Court. Portales courthouse: 109 W. 1st St., Portales, NM 88130. Phone: (575) 356-4022. The Ninth Judicial District also serves Curry County (Clovis).
Student Housing Considerations ENMU student tenants present unique screening considerations. Many students have limited credit histories — require a co-signer for students without verifiable income at 3x monthly rent. Use 12-month leases aligned with the academic year when possible to reduce August turnover risk.
Habitability UORRA habitability standards apply (NMSA § 47-8-20). Portales at 4,000 ft has hot summers (100°F+) and cold winters with occasional ice. Both cooling and heating are practically necessary.
Screening Fees (2025) Under NM SB 267 (2025), screening fees must be disclosed before charging. Applicants may reuse background check reports within 90 days.
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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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

ENMU students: Many are working adults in graduate or professional programs with more stable finances than traditional freshmen. For undergrads without income, require a co-signer who meets the 3x income threshold. Use 12-month leases aligned to the academic year.

ENMU faculty & staff: Among the best long-term tenants available in Portales. Stable state employment, predictable income. Verify employment with university HR letter. Low eviction risk.

Agricultural workers: Peanut and dairy farm workers provide seasonal and year-round demand. If housing is tied to farm employment, confirm whether the UORRA employee exemption applies.

Roosevelt County Landlords

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Roosevelt County New Mexico Landlord-Tenant Law: Guide for Portales Area Rental Property Owners

Roosevelt County occupies the high plains of eastern New Mexico immediately south of Curry County, anchored by Portales — a college town of approximately 12,000 that owes much of its economic and cultural character to Eastern New Mexico University. ENMU, the state’s third-largest university, was founded in Portales in 1934 and has grown into a comprehensive regional university serving students from across eastern New Mexico, western Texas, and beyond. The university’s presence distinguishes Portales from most other similarly-sized eastern New Mexico communities by providing a stable institutional employment anchor and a consistent student housing demand cycle.

Agriculture is the other pillar of Roosevelt County’s economy. The region around Portales is one of the most productive peanut farming areas in the American Southwest, and significant dairy and sorghum operations contribute to the agricultural base. The combination of university employment, agricultural employment, county and school district positions, and healthcare at Roosevelt General Hospital creates a reasonably diversified tenant pool by eastern New Mexico standards. Rents of $700–$1,000 per month reflect the community’s relatively modest income levels and the college-town market dynamics.

New Mexico Law in Roosevelt County

New Mexico’s UORRA governs all residential rental relationships in Roosevelt 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 Ninth Judicial District Court at 109 W. 1st St., Portales, NM 88130, reachable at (575) 356-4022.

This guide is provided for general informational purposes only and does not constitute legal advice. Consult a licensed New Mexico attorney or contact the Ninth Judicial District Court in Portales at (575) 356-4022 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 Ninth Judicial District Court at (575) 356-4022 for specific guidance. Last updated: April 2026.

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