Eviction Prevention

Health & Social Service Centers Emergency Rental & Utility Assistance Program

The Division of Health and Social Services operates an emergency rental and utility assistance program. This program can help renters with unpaid rent and utilities if they are at risk of eviction or having their utilities shut off. Funding is limited, and all services provided are subject to the availability of funds. For more information, contact the Health & Social Services Center located closest to where you live.

Health & Social Service Center Locations

Bernalillo County Resources

The resources listed above are only for Albuquerque residents. If you live in unincorporated Bernalillo County, you can apply for help with rent and utilities through Bernalillo County.

Tenant Rights: What to Know & Do If You Are Behind on Your Rent

What should I do if I can’t pay my rent?

If you are unable to pay your rent, take these steps as soon as possible:

• Talk to the landlord and explain your situation. Try to work out a payment plan before the landlord gives you a three-day notice or takes you to court. Put it in writing!
• Apply for rental or utility assistance help as soon as possible (see “Resources for Eviction Prevention” above)

What if my landlord takes me to court?

To evict a tenant, the landlord must file a court case, go to a hearing and get an order from the judge ordering the tenant to be evicted. 

The judge must offer the tenant and landlord the opportunity to mediate the case in the Eviction Prevention and Diversion Program. This is a new mediation program for eviction cases. The case will only go to mediation if both the landlord and the tenant agree they want to mediate the case.

Watch this short video from New Mexico Legal Aid about the eviction court process.

What are my rights?

• You cannot be legally evicted without a court order.
• It is illegal for a landlord to evict a tenant without a court order by doing any of the following:
  • Changing locks
  • Disconnecting electricity, water or gas
  • Being violent
  • Threatening to do any of the above.
• A landlord is required to give you a three-, seven- or thirty-day notice with the reasons for terminating the lease before the landlord can go to court to evict you. But, you can agree to move out voluntarily. You may still owe the rent money to the landlord even if you move out. Decide what is best for you.

What can I do if I have received a notice or my landlord has filed for an eviction with the court?

• Apply for rental assistance as soon as possible if you can’t pay your rent.
  
• Go to court for the hearing. During the pandemic some hearings may be over the phone. Read all Court instructions carefully. Missing a hearing could mean you will be evicted and lose your home.
• Seek legal help when you know you may face eviction.

Where can I get legal help?

The following organizations may be able to provide legal assistance. Please call them directly at the number listed below. For more information on tenant laws, check out New Mexico Legal Aid’s Renter’s Guide.

For information about the City's housing safety code requirements, read the Office of Consumer Protection Renter's Guide to the Housing Code