Do tenant protections apply to short-term vacation rentals in New Mexico?

Short-term stays under 30 days often do not get full tenant protections, but longer stays may be covered by state law.

Can I be evicted from a vacation rental without notice?

For stays of 30 days or more, formal notice and court process are required. Shorter stays usually follow the contract terms.

What if my landlord refuses a refund or violates the rental agreement?

Document everything and contact the New Mexico Attorney General's office or consider small claims court.

Do I need to file legal forms as a short-term vacation renter?

Generally, no forms are needed unless there is a legal dispute or eviction process.

How can I tell if my stay counts as a tenancy under New Mexico law?

Stays of 30 days or more are usually covered under the Uniform Owner-Resident Relations Act; shorter or 'transient' lodgings are not.

Your Rights in Short-Term Vacation Rentals in New Mexico

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

Short-term vacation rentals, like those booked via Airbnb or VRBO, are increasingly common across New Mexico. Whether you’re staying for a week or a few months, it’s important to understand your rights and protections as a tenant in these special rental situations. This guide explains how New Mexico law treats short-term vacation rentals, the rights renters have, and how to address potential issues during your stay.

What Is a Short-Term Vacation Rental?

A short-term vacation rental is typically a furnished home, apartment, or room rented for less than 30 days. In New Mexico, these rentals are often offered on online platforms or by private owners and can range from private rooms to entire properties.

Rental periods are usually less than 30 days.
Commonly offered through platforms like Airbnb and VRBO.
Can be managed by private owners or property management companies.

Are Short-Term Vacation Renters Protected by New Mexico Tenant Laws?

Under the New Mexico Uniform Owner-Resident Relations Act, there are differences between traditional tenants and short-term renters. Generally, travelers staying less than a week or who are in “transient lodgings” (like hotels or motels) are not fully protected under most landlord-tenant laws. However, if you rent a property for longer—especially for 30 days or more—many tenant protections may apply.¹

If you’re renting for under 7 days or are staying in a space operated like a hotel, full tenant protections may not apply.
If your stay is 30 days or longer, you are likely covered under New Mexico landlord-tenant law.

Rights for Short-Term Renters

Even if you do not have the same legal status as a traditional tenant, you still have basic contract rights. This means:

You are entitled to receive the housing and amenities described in your rental agreement or online listing.
You have the right to a rental space that is habitable and safe.
If problems arise, you can seek remedies through small claims court or file a consumer complaint.

Problems and Protections: Eviction, Notices, and Refunds

Most short-term vacation rental agreements outline what happens if there’s a cancellation or dispute. However, renters on stays of 30 days or longer gain additional protections under the Uniform Owner-Resident Relations Act:

Eviction: Landlords must provide proper notice and may need to file with the county magistrate court for formal eviction for long-term guests.
Notice Periods: For month-to-month renters in New Mexico, a landlord typically must give 30 days' written notice to end the tenancy.
Repairs & Maintenance: Landlords must keep rentals habitable for longer-stay tenants. Short-term guests usually rely on the terms of their rental contract.

What Forms or Actions Should Short-Term Renters Know?

Petition by Owner for Restitution (Form 4-904 NMRA):
This form is used by landlords to begin a formal eviction process in the local magistrate court, if the renter remains after their rental period or violates rules.
- Example: If your stay was scheduled to end and you have not left, the owner may file this form to ask the court to order you to leave.
- Access the official Petition for Restitution here (look for Form 4-904 NMRA).
Notice of Termination: Required from a landlord to end a tenancy covered by resident protections (usually 30-day stays or longer).
- Example: If you are renting month-to-month and the landlord wants you to leave, they must provide this notice in writing.
- While there is no single mandatory statewide form, landlords must still provide written notice.
  See guidelines at the Uniform Owner-Resident Relations Act.

Where to Get Help: Which Board Handles Disputes?

New Mexico does not have a central housing tribunal, but the New Mexico Magistrate Courts handle landlord-tenant disputes, including evictions and issues with rental agreements. If you need to respond to a court filing, you can visit their official site for information and forms.

If your rental is for 30 days or more, you have stronger legal rights under New Mexico law. Always keep good records of your rental agreements and communications with the property owner.

FAQ: Short-Term Vacation Rentals and Your Rights

Do tenant protections apply to short-term vacation rentals in New Mexico?
Short-term stays under 30 days often do not get full tenant protections, but longer stays may be covered by New Mexico's landlord-tenant law.
Can I be evicted from a vacation rental without notice?
If your stay is 30 days or longer, formal notice and a court process are required. For shorter stays, eviction rules usually follow contract terms.
What should I do if a landlord refuses a refund or violates the terms?
Document all communications and consider contacting the New Mexico Attorney General's office or filing a claim in small claims court.
Do I need to complete any legal forms as a vacation renter?
Usually, renters do not file forms unless there is a dispute. If you receive a court notice, read it carefully and seek legal help if needed.
How can I verify if my stay qualifies as a tenancy under state law?
Check the rental duration: 30 days or longer gives you rights under the Uniform Owner-Resident Relations Act. Under 7 days and “transient” lodgings are not covered.

Key Takeaways for Renters in Short-Term Vacation Rentals

Most legal protections in New Mexico apply to stays of 30 days or longer.
Short-term guests usually rely on the contract or platform terms for their rights and remedies.
If issues arise, document everything and know which forms or courts to contact.

In summary, short-term vacation renters gain more legal rights with longer stays, but even for shorter visits, the rental agreement matters. Know your options if a dispute arises.

Need Help? Resources for Renters

New Mexico Magistrate Courts: Handles landlord-tenant disputes and eviction filings.
New Mexico Attorney General’s Office - Consumer Complaints: File a complaint for fraud, misrepresentation, or contract issues in rentals.
New Mexico Mortgage Finance Authority - Renters Resources: Guidance and educational materials for renters in New Mexico.