New Mexico Hotel and Motel Tenancy: Rules & Renter Rights

Special Housing Types & Situations New Mexico published June 21, 2025 Flag of New Mexico

Living in a hotel or motel in New Mexico is a unique situation when it comes to renter protections. Many people turn to these housing options for short or long-term stays, but it's not always clear what rights you have as a resident. This article explains current tenancy rules for hotels and motels in New Mexico using plain language, so you can confidently address issues like eviction, rent changes, or maintenance.

When Does Hotel or Motel Residency Become a Tenancy?

Staying in a hotel or motel can start as a nightly arrangement, more like a guest reservation. However, if you live in the same property for a longer period (commonly 30 days or more), you may become a "tenant" under New Mexico law. This distinction affects your protections against eviction and your right to notice.

Key Criteria for Hotel and Motel Tenancy in New Mexico

  • Length of Stay: If you reside for 30 days or longer, you may gain additional tenant rights under state law.
  • Payment Regularity: Paying weekly or monthly is a sign your stay could be covered by tenant protections.
  • No Housekeeping Service: If your daily housekeeping or amenities are discontinued, this may signal a residential tenancy.

These rules are outlined in the New Mexico Uniform Owner-Resident Relations Act (UORRA), which defines when a "roomer" or "lodger" might be protected as a resident tenant.[1]

Eviction Procedures: What Hotel and Motel Residents Need to Know

Short-term guests can often be asked to leave for any reason with minimal notice. But if you become a tenant under UORRA, you gain more formal eviction protections:

  • Written Notice Required: The owner must provide written notice to terminate your stay, typically 3 to 7 days depending on the reason (like nonpayment or other violations).
  • Right to a Court Hearing: You cannot be locked out without a court-ordered eviction.
  • Emergency Situations: If you threaten health or safety, faster removal may occur, but always with a proper legal process.

You can learn more about eviction procedures from the New Mexico Courts Landlord-Tenant resources and the UORRA.

Official Form: Petition by Owner for Restitution of Possession

  • Form Name: Petition by Owner for Restitution of Possession (Form 4-902 NMRA)
  • When/How Used: If a hotel or motel owner seeks to evict you, they must file this form in court. If you receive court papers, you have the right to respond and attend the hearing.
  • View and download Form 4-902 (official NM Courts link)

Practical Example

Suppose you've lived in a motel for over a month and the hotel tries to evict you immediately for nonpayment. Under New Mexico law, you must receive a formal written notice and, if you don't leave, only a court can order your removal—not hotel staff or private security.

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Your Rights Regarding Rent, Repairs, and Living Conditions

Once you qualify as a tenant, you gain critical protections:

  • Rent Increases: Hotel or motel operators must follow the notice procedures of regular tenancies (usually 30 days' written notice for increases in month-to-month situations).
  • Maintenance: The owner must keep the room safe, sanitary, and well-maintained, like any landlord under New Mexico tenancy law.
  • Privacy: You have the right to privacy. Maintenance or management should only enter your unit after appropriate notice—except in emergencies.

Requirements are clearly set by the Uniform Owner-Resident Relations Act, sections on obligations of landlords and residents.

If you believe your rights as a hotel or motel resident are being denied, keep all receipts and written communications. Document maintenance requests and responses for your records.

The Tribunal or Agency Handling Tenancy Disputes

Disputes between tenants and hotel or motel owners are handled by the New Mexico Magistrate Courts and District Courts. If you face eviction, your hearing and paperwork will go through these official bodies.

How to Respond to an Eviction Notice

  • Read court papers thoroughly—do not ignore them. Dates and deadlines are strict.
  • Complete an "Answer to Petition by Owner for Restitution of Possession" (see below), and file it with the court by the deadline stated.
  • Attend your court hearing. This is your chance to explain why you should not be evicted or to raise issues (like lack of written notice).

Official Form: Answer to Petition by Owner for Restitution of Possession

  • Form Name: Answer to Petition by Owner for Restitution of Possession (Form 4-903 NMRA)
  • When/How Used: Use this form to tell the court your side of the dispute after receiving an eviction lawsuit from a motel or hotel owner.
  • Download Form 4-903 (New Mexico Magistrate Courts)

FAQ: Hotel and Motel Tenancy Rules in New Mexico

  1. Do I become a tenant if I’ve stayed in a hotel or motel for 30 days?
    Often, yes. If you pay rent regularly and the hotel does not provide daily housekeeping or traditional guest services, you may qualify as a tenant, gaining legal protections under New Mexico law.
  2. How can a hotel or motel evict me if I am considered a tenant?
    The owner must follow the same formal eviction process as for an apartment—providing written notice, filing a court action, and obtaining a court order before removing you.
  3. Can my rent be increased without notice?
    No; as a tenant, you must typically receive a minimum of 30 days’ written notice of a rent increase for month-to-month stays, as required by the Uniform Owner-Resident Relations Act.
  4. Is there a difference if I pay daily or weekly?
    Paying by the week or month is one sign you may be protected as a tenant, but length of stay and discontinued housekeeping are also factors.
  5. Where do I get official eviction court forms?
    Download forms, including petitions and answers, from the New Mexico Courts Landlord-Tenant page.

Conclusion: Key Takeaways

  • If you live in a New Mexico hotel or motel for 30 days or more, you may become a tenant with legal rights.
  • Eviction must follow formal notice and court procedures—no lockouts without a court order.
  • Use official forms and attend court hearings to protect your rights if served notice.

Understanding these protections ensures that hotel and motel residents in New Mexico are not left without recourse. Keep records, know your rights, and seek help when needed.

Need Help? Resources for Renters

  1. New Mexico Uniform Owner-Resident Relations Act (N.M. Stat. Ann. §§ 47-8-1 et seq.)
  2. New Mexico Courts Landlord-Tenant Resources

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Bob Jones
Bob Jones

Editor & Researcher, Renter Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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