Renters' Rights
Received an eviction notice?
Do not wait. Get advice from a lawyer right away. Legal resources are listed below.
If you are being evicted for late rent, also contact one of the navigators for state rental assistance immediately. Here is a list of navigators:
What should I do if I can’t pay my rent?
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 assistance right away. Rental assistance is currently available for qualifying renters in the City of Albuquerque through the Health and Social Service Centers listed below, and through these organizations: Housing+Stability+Partners.pdf (squarespace.com)
| Name | Contact Information |
|---|---|
| John Marshall Health & Social Service Center | Address: 1500 Walter SE Phone: 505-848-1345 Fax: 505-764-1795 |
| Alamosa Health & Social Service Center | Address: 6900 Gonzales SW Phone: 505-836-8800 Fax: 505-836-8807 |
| Los Griegos Health & Social Service Center | Address: 1231 Candelaria NW Phone: 505-761-4050 Fax: 505-761-4048 |
| East Central Health & Social Service Center | Address: 7525 Zuni SE Phone: 505-767-5700 Fax: 505-767-5709 |
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.
Watch this short video from New Mexico Legal Aid about the eviction court process.
Go to court for the hearing. Read all Court instructions carefully. Missing a hearing could mean you will be evicted and lose your home.
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.
For detailed information about renters' rights, see the New Mexico Legal Aid’s Renter’s Guide.
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.
| Organization Name | Phone Number | Description | Website |
|---|---|---|---|
| New Mexico Legal Aid |
1-833-LGL-HELP (1-833-545-4357) |
Legal advice and representation for low-income people. | New Mexico Legal Aid |
| Senior Citizen's Law Office | 505-265-2300 | Legal advice and representation for age 60 or older. | www.sclonm.org |
| Legal Resources for Elderly Program | 1-800-876-6657 | Legal advice for age 55 or older. | Legal Resources for the Elderly (sbnm.org) |
| Modest Means Helpline | 505-797-6013 | Legal advice by phone | Modest Means Helpline (sbnm.org) |
| NM Immigrant Law Center | 505-247-1023 | Legal advice and representation for low-income immigrants. | NMILC-The New Mexico Immigrant Law Center |
| Metropolitan Court – Self Help Center | 505-841-9817 | Court forms, information and assistance with court process for renters and landlords. | Self-Help Center | Bernalillo County Metropolitan Court (nmcourts.gov) |
| Landlord & Tenant Hotline | 505-930-5666 | Information for tenants, landlords, and property managers. | None |
| Free Legal Answers | online only | Legal advice by email for low-income people | New Mexico (freelegalanswers.org) |
Repairs and Maintenance Problems
Report housing code violations by calling 311. Renter's Guide to the City of Albuquerque Housing Code
For more information on what tenants can do to get repairs or withhold rent, read Chapter 8 of the New Mexico Legal Aid Renter's Guide here: 2018-Renters-Guide-English.pdf (wpengine.com)
Discrimination Complaints
If you think your landlord is discriminating against you, call 311 or Submit a Discrimination Inquiry — City of Albuquerque (cabq.gov).