Albuquerque Eviction Court Steps 2026–27: The 3-Day Notice, Metro Court Trial and the Sheriff's Writ
In New Mexico, an eviction for unpaid rent can move from a notice on your door to a court date in about two weeks. The good news is that the law gives tenants a clear chance to stop the process early: if you pay the full amount due within three days of a written nonpayment notice, in the way the notice says, the landlord cannot bring an eviction case for that nonpayment. If a case is filed, Albuquerque evictions are heard at the Bernalillo County Metropolitan Court, 401 Lomas NW, and the trial is usually set 7 to 10 days after the court papers are served.
This guide walks through a typical Albuquerque nonpayment eviction step by step, using the Metropolitan Court's own self-help pamphlets, the New Mexico Uniform Owner-Resident Relations Act and the City of Albuquerque's renters' rights page. It is general information, not legal advice. Your court papers, your lease and the judge's orders control your case. If you can, call New Mexico Legal Aid at 1-833-LGL-HELP (1-833-545-4357) as soon as you get a notice.
Step 1: Before Any Notice, Talk to Your Landlord and Ask for Rent Help
The City of Albuquerque's Office of Consumer Protection tells renters who cannot pay to talk to the landlord, explain the situation, and try to work out a payment plan before the landlord gives a three-day notice or goes to court. Put any agreement in writing.
The city also says to apply for rental assistance right away. It lists four Health and Social Service Centers that take rental assistance requests from qualifying renters in the City of Albuquerque:
John Marshall Health & Social Service Center, 1500 Walter SE, 505-848-1345
Alamosa Health & Social Service Center, 6900 Gonzales SW, 505-836-8800
Los Griegos Health & Social Service Center, 1231 Candelaria NW, 505-761-4050
Ruth M. Adams Health & Social Service Center, 7525 Zuni SE, 505-767-5700
Call before you visit, since funding and eligibility can change during the year.
Step 2: The Notice From Your Landlord
Every New Mexico eviction starts with a written notice. The Metropolitan Court pamphlet for landlords describes four basic types:
3-day notice of nonpayment of rent. This gives you three days to pay the rent.
7-day notice. This is used to correct a violation of the lease or of a tenant duty under the law. Under NMSA § 47-8-33, the notice must describe the breach, including dates and specific facts. A second violation within six months can lead to a notice that ends the lease without another chance to fix it.
3-day notice of substantial violation. This is for serious acts the tenant knowingly commits or allows, and it gives three days to move out.
30-day notice. This ends the lease and must be given at least 30 days before the move-out date.
For unpaid rent, the key rule is in § 47-8-33(D): if you pay the full amount due, in the manner stated in the notice, before the three days run out, that payment bars any court action for that nonpayment. Keep a receipt, a money order stub or a photo of the payment.
Two timing rules help tenants:
If the last day to fix the problem falls on a weekend or federal holiday, the deadline moves to the next business day (§ 47-8-33(H)).
A landlord cannot file early. In Cheng v. Rabey (2023), the New Mexico Court of Appeals held that a landlord cannot file the eviction petition until the day after the third day of the notice period. A petition filed too soon should be dismissed.
Step 3: The Landlord Files a Petition by Owner for Restitution
If the notice period ends and the problem is not fixed, the landlord can file a Petition by Owner for Restitution at Metropolitan Court. "Restitution" here means getting the home back. The landlord has to attach copies of the written notices and the lease. The court's pamphlet lists the filing fee as $77.
The clerk then prepares a service packet with:
the date of the trial,
a copy of the petition,
a blank Answer to Petition form, and
the summons.
The clerk sets the trial 7 to 10 days after the date the landlord will serve the papers. The judge can move the trial date for good cause.
Step 4: How You Are Served
The landlord must have the service packet delivered to you at least 7 days before the trial. The landlord or the landlord's employee cannot serve it. It can be served by the county sheriff, a private process server, or any adult who is not part of the case.
The court lists three basic ways to serve a tenant:
handing the packet to you in person,
posting it on your front door and also mailing you a full copy, or
giving it to someone 15 or older who lives with you.
The landlord must file the completed Return of Service before the court date. If it is not filed, the court says the judge will not take action and the case will be delayed.
Step 5: File Your Answer and Watch the Judge Deadline
You have until the deadline in the summons, or the trial date, whichever comes first, to file a written Answer. The court's Answer to Petition for Restitution form (Rule 4-907) asks you to explain:
why you should not have to move out,
why the rent the landlord claims is not owed, and
why any damages claimed are not owed.
You can also file a counterclaim for damages against the landlord. For example, you might file one if repairs were not made after you gave proper notice.
The court warns that an answer or counterclaim is not proof. It only states what you plan to prove, so you still have to come to trial with your evidence.
One more deadline is easy to miss. A judge is randomly assigned when the petition is filed. If you want to excuse (disqualify) that judge, you must do it within 3 days after you are served.
If you need more time, you can ask to change the trial date by filing a written motion before the scheduled date. The judge decides whether to grant it.
Step 6: The Trial at Metropolitan Court
Go to the trial. The City of Albuquerque puts it plainly: missing a hearing could mean you will be evicted and lose your home. Bring:
your lease and every notice you received,
rent receipts, bank records or money order stubs,
photos and written repair requests, and
texts or letters with your landlord.
The court records civil hearings. You can ask in writing for a CD copy of the recording, and the court lists the fee as $5 per CD.
If you withheld (abated) rent under the law for repairs, or the landlord used your rent to pay for claimed damage, § 47-8-33(E) gives you an extra protection. If the landlord wins, the writ is conditioned on your right to pay the judgment within three days. If you pay in that time, the writ is dismissed.
Step 7: The Eviction Date and the Writ of Restitution
If the judge rules for the landlord, the judge enters a Judgment for Restitution and sets a move-out date. The court says that date will probably be no less than 3 days and no more than 7 days after the trial.
If you have not moved out by that date, the landlord can ask the clerk for a Writ of Restitution and deliver it to the sheriff. The Metropolitan Court states that the Sheriff's Office is the only office authorized by the court to evict a tenant. Your landlord cannot remove you on their own.
Step 8: Appealing the Judgment
Under NMSA § 47-8-47, either side can appeal "as in other civil actions." For a tenant, an appeal does not stop the writ automatically. To stay the eviction while the appeal is pending, you must, within five days of filing the notice of appeal, pay the landlord or a professional escrow agent the rent that will come due from the day after the judgment through the end of that rental period. You then have to keep paying the monthly rent on time.
If a payment is missed, the landlord can serve a new three-day notice. If you still do not pay, a hearing is set within ten days, and the stay can be lifted. Tenants in subsidized housing pay only their own share of the rent. Appeal deadlines are short, so get legal help the same day you lose at trial.
What Your Landlord Cannot Do
The City of Albuquerque says you cannot be legally evicted without a court order. It is illegal for a landlord to try to force you out by:
changing the locks,
disconnecting electricity, water or gas,
being violent, or
threatening to do any of these things.
The Metropolitan Court says a tenant who is illegally locked out, or whose utilities are wrongly shut off by the landlord, can file a Petition by Resident for Relief. That petition can ask for damages and for the right to move back in.
If the home has serious repair problems, you can give the landlord a 7-day written notice asking for repairs. If the landlord does not fix them, the court says you may be able to end the lease, reduce the rent (usually by one-third of the daily rent for each day repairs are unfinished), or file a Petition by Resident for Relief. Housing code problems can also be reported by calling 311.
Where to Get Free or Low-Cost Help in Albuquerque
The City of Albuquerque lists these resources for renters:
New Mexico Legal Aid: 1-833-545-4357. NMLA's housing group handles residential evictions and gives priority to subsidized-housing cases. Its Albuquerque office is at 505 Marquette Ave NW, Suite 700.
Metropolitan Court Self-Help Center: 505-841-9817, for court forms and help with the court process.
Senior Citizens' Law Office: 505-265-2300, for people 60 or older.
Legal Resources for the Elderly Program: 1-800-876-6657, for people 55 or older.
Modest Means Helpline: 505-797-6013.
New Mexico Immigrant Law Center: 505-247-1023.
Free Legal Answers: legal advice by email, for low-income people.
The Metropolitan Court's general line is (505) 841-8151.
Albuquerque Eviction Checklist
[ ] Asked the landlord for a written payment plan and applied for rent help at a city Health and Social Service Center
[ ] Read the notice type (3-day, 7-day or 30-day) and counted the days, moving past weekends and federal holidays
[ ] Paid the full amount in the way the notice says, if you can, and kept proof
[ ] Checked that the landlord did not file before the notice period ended
[ ] Filed your written Answer by the summons deadline or the trial date, whichever is first
[ ] Decided within 3 days of service whether to excuse the assigned judge
[ ] Went to trial with your lease, notices, receipts and photos
[ ] Called New Mexico Legal Aid at 1-833-545-4357
[ ] If you lose and want to appeal, got ready to pay the rent within five days of filing the notice of appeal
Frequently Asked Questions
Can I pay after the three days? The law protects payment made before the three-day notice expires. After that, the landlord can file, but you can still talk to the landlord about a payment agreement and raise defenses at trial.
Who actually removes me if I lose? Only the sheriff, after the clerk issues a Writ of Restitution. Your landlord cannot change the locks or shut off utilities to force you out.
How long between trial and move-out? The Metropolitan Court says the eviction date will probably be 3 to 7 days after the trial.
Does this guide cover mobile homes? No. Mobile home park tenancies use separate forms under the Mobile Home Park Act, and the court's pamphlets do not cover government housing or commercial leases either.
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