Union County occupies the extreme northeastern corner of New Mexico — the high plains Cimarron country where the state borders Colorado, Oklahoma, and Texas. The county seat of Clayton is a small cattle-ranching and agricultural community of approximately 2,500 that serves as the commercial hub for a very sparse but proud ranching culture on the Llano Estacado. The county’s total population of approximately 4,000 is spread across Clayton and smaller communities including Folsom — site of one of American archaeology’s most significant finds, the Folsom point discovery that established much earlier human habitation of North America than previously believed. Clayton Lake State Park, with its remarkable dinosaur tracks, draws visitors to this remote corner of the state.
The formal rental market in Union County is extremely limited — essentially only in Clayton, where county and school district employees, healthcare workers at Union County General Hospital, and agricultural workers create modest housing demand. Rents are among the lowest in New Mexico at $600–$850 per month where units are available. This is fundamentally a ranching economy community with very thin formal rental activity.
Cattle ranching, Union County General Hospital, county/school district
Court
Eighth Judicial District Court
Typical Rent
~$600–$850/mo
Rent Control
None (state preemption)
Rental Market
Very limited — primarily Clayton
⚡ 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)
Union 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 (NMSA § 47-8-31).
Eighth Judicial District Court
Evictions filed at Eighth Judicial District Court. Clayton courthouse: 200 Court St., Clayton, NM 88415. Phone: (575) 374-8863. The Eighth Judicial District also serves Colfax, Mora, and Taos Counties.
Habitability
UORRA habitability standards apply (NMSA § 47-8-20). Clayton at 5,000 ft on the high plains has cold winters with significant wind and occasional severe weather, and hot summers. Both functioning heat and cooling are practically necessary.
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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including background checks, credit history, income verification, and rental references — is one of the most
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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
Government & hospital workers: County employees, school district staff, and Union County General Hospital workers are the most stable tenants. Verify employment at 3x monthly rent.
Community dynamics: In a community of 2,500, reputation matters enormously. Be a fair, responsive landlord — your reputation is a meaningful competitive advantage.
Agricultural workers: Cattle ranch workers are common. If housing is tied to ranch employment, the UORRA employee exemption may apply — confirm with an attorney before using a standard residential lease.
Background checks, eviction history, credit reports — get the full picture before handing over the keys.
Union County New Mexico Landlord-Tenant Law: Guide for Clayton Area Rental Property Owners
Union County occupies the far northeastern corner of New Mexico — the Cimarron country of the historic Santa Fe Trail, where the Canadian Escarpment drops from the high Raton Mesa to the Llano Estacado grasslands that stretch toward the Oklahoma and Texas panhandles. The county seat of Clayton is a quintessential high plains ranching town, the commercial and services hub for one of New Mexico’s most sparsely populated and economically traditional corners. Cattle ranching is the dominant economic activity, supplemented by county and school district employment and healthcare at Union County General Hospital. Clayton sits at 5,000 feet where rolling grasslands meet occasional mesa formations, and the surrounding country has a stark, open beauty that defines the southern Great Plains experience.
The rental market in Union County is among New Mexico’s thinnest, concentrated almost entirely in Clayton. Most housing is owner-occupied, and what rental activity exists serves the small government and healthcare employee base. Rents of $600–$850 per month reflect the community’s very modest income levels and the limited rental stock. For landlords operating here, being known as a fair and responsive property owner is a genuine advantage in a community where everyone knows everyone.
New Mexico Law in Union County
New Mexico’s UORRA governs all residential rental relationships in Union 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 Eighth Judicial District Court at 200 Court St., Clayton, NM 88415, reachable at (575) 374-8863.
This guide is provided for general informational purposes only and does not constitute legal advice. Consult a licensed New Mexico attorney or contact the Eighth Judicial District Court in Clayton at (575) 374-8863 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 Eighth Judicial District Court at (575) 374-8863 for specific guidance. Last updated: April 2026.
