New Mexico Renters: COVID-19 Eviction Protections and Your Rights

If you’re a renter in New Mexico, you might be concerned about eviction after the COVID-19 pandemic. While many emergency eviction protections have ended, some rights and resources remain available for renters facing hardship. Staying informed about your current protections, official forms, and where you can turn for help will empower you to respond effectively if you’re facing eviction or rent-related issues.

Are COVID-19 Eviction Protections Still in Effect in New Mexico?

As of 2024, the statewide New Mexico Supreme Court order halting evictions for nonpayment of rent due to COVID-19 hardship was lifted effective June 30, 2022. This means most COVID-19 emergency eviction protections have ended in New Mexico. However, you still have important rights and options under New Mexico law if you’re facing eviction, and there are resources that can help if you’re behind on rent due to pandemic-related hardship.^[1]

Your Current Rights as a Renter in New Mexico

Even after the pandemic orders have ended, New Mexico renters have protections through the New Mexico Uniform Owner-Resident Relations Act. Landlords must follow legal processes and give you proper notice before attempting to evict.

• Written Notice: Landlords must provide written notice before starting most evictions.
• No Lockouts Without Court Order: Your landlord cannot legally force you out or shut off utilities without a court-issued eviction order.
• Right to a Court Hearing: You must be given the opportunity to appear in court before you can be evicted.

Housing assistance and rental aid may still be available if you’re struggling because of COVID-19 or other hardships. Visit the New Mexico Rent Help portal for updated availability.

The Eviction Process in New Mexico

In New Mexico, eviction matters are handled by the New Mexico Magistrate and Metropolitan Courts. Your landlord must file a petition for a writ of restitution to evict you.

• Three-Day Notice: For nonpayment of rent, landlords must serve a 3-Day Notice to Pay or Quit. This gives you three days to pay the full rent owed or move out.
• If you do not comply, the landlord can file a petition in court and you’ll receive a summons to appear for a hearing.
• The judge will decide whether you can be lawfully evicted. You have the right to present your side at the hearing.

Official Forms for Renters in Eviction Cases

Some key forms you may use in the eviction process include:

• Petition by Owner for Restitution (Form 4-904)
  Who uses it? Landlords initiate eviction with this form.
  Where to find it? Petition by Owner for Restitution (Form 4-904)
  Tip for renters: If you receive notice that this form has been filed, read it carefully and prepare for your court date.
• Answer to Petition for Restitution (Form 4-905)
  Who uses it? Renters may file this to formally respond to eviction court cases.
  Example: If you wish to contest your eviction, complete this form and submit it to the court before your hearing date.
  Where to find it? Answer to Petition for Restitution (Form 4-905)
• Request for Hearing (Form 4-908)
  Who uses it? Renters can request a hearing if they need to dispute the landlord’s claims or delays in the process.
  Where to find it? Request for Hearing (Form 4-908)

For more forms and self-help information, visit the Landlord and Tenant section of the New Mexico Courts.

Steps to Respond If You Receive an Eviction Notice

• Read the notice to see why your landlord is asking you to leave.
• Gather proof of payment, communications, or other relevant documents.
• If you want to contest the eviction, fill out the Answer to Petition for Restitution (Form 4-905).
• File your answer at the courthouse or online, and keep a copy for your records.
• Attend your scheduled court hearing to explain your circumstances or defenses.
• Reach out for legal assistance or rental aid early if you’re struggling.

It’s important to take action quickly—once an eviction process has started, there are tight deadlines to respond.

FAQ: COVID-19 Eviction Protections and Renters' Rights in New Mexico

1. Are any COVID-19 eviction moratoriums still in effect in New Mexico?
   No, as of June 30, 2022, New Mexico’s statewide moratorium has ended. Evictions are processed as usual, but renters may still qualify for rental aid or legal support.
2. How do I respond to an eviction case?
   Complete an Answer to Petition for Restitution form, file it with the court before your hearing, and appear at your scheduled date to present your side.
3. Can my landlord evict me without a court order?
   No. Landlords must go through the legal process, including court and official notices. Any lockout or utility shutoff without a court order is illegal.
4. What if I’m behind on rent due to COVID-19?
   Check for rental assistance programs via New Mexico Rent Help or ask the court about payment plan options at your hearing.

Need Help? Resources for Renters

• New Mexico Courts – Landlord and Tenant Self-Help: Guides and forms for renters and landlords
• New Mexico Rent Help Portal: Latest rental aid and application support
• Law Help New Mexico: Free legal aid and information for renters
• New Mexico Attorney General’s Consumer Protection: File complaints about landlord conduct
• New Mexico State Legislature: Full text of Uniform Owner-Resident Relations Act

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1. ^[1] See the New Mexico Supreme Court update on eviction proceedings: Order Ending COVID-19 Eviction Moratorium.
2. Rental rights and eviction process: Uniform Owner-Resident Relations Act.
3. Official tenant-landlord tribunal: New Mexico Magistrate and Metropolitan Courts.
4. Eviction forms and self-help resources: New Mexico Courts Landlord and Tenant.
5. Rental assistance program: New Mexico Rent Help.

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