Albuquerque's Rental Property Rules: The Rules That Matter

Every city handles rental property rules a little differently. In Albuquerque, New Mexico, there are 8 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Security Deposit Rules

Under NMSA §47-8-18, Albuquerque landlords may take a security deposit of no more than one month's rent on leases shorter than one year, and must return the deposit with itemized deductions within 30 days of move-out.

Key details: Cap, leases under one year: One month's rent. Return deadline: 30 days after move-out. Itemization: Required. Statute: NMSA §47-8-18.

Charging an excessive deposit, missing the 30-day return window, or failing to provide an itemized deduction list can let the tenant recover the full deposit plus reasonable attorney fees in a metropolitan court action.

Tenant Anti-Harassment

Albuquerque tenants are protected from retaliation under NMSA §47-8-39 if they exercise legal rights, but New Mexico has no comprehensive tenant-anti-harassment statute like Los Angeles' TAHO. Most claims rely on the retaliation rule and habitability duties.

Key details: Retaliation statute: NMSA §47-8-39. Presumption window: Six months. Local ordinance: None. Damages: Up to two months rent.

Raising rent, cutting services, or filing eviction within six months of a code complaint or tenant-organizing activity can trigger a retaliation defense and damages, including up to two months' rent plus attorney fees under §47-8-39.

No-Fault Evictions

New Mexico law permits Albuquerque landlords to end a month-to-month tenancy without cause on 30 days' written notice. There is no local just-cause-eviction ordinance and no relocation-assistance requirement for no-fault terminations.

Key details: Notice required: 30 days written. Cause required: No, month-to-month. Relocation aid: Not required. Statute: NMSA §47-8-37.

Serving a notice that gives less than 30 days, retaliating for a code complaint, or refusing to accept rent during the notice period can void the termination and expose the landlord to damages and attorney fees.

The rules around no-fault evictions in Albuquerque lean permissive, but that does not mean anything goes.

Source-of-Income Discrimination

New Mexico's Human Rights Act does not list source of income as a protected class, and Albuquerque has not adopted a local Section 8 protection ordinance. Landlords in the city may legally refuse to accept housing-choice vouchers as a payment source.

Key details: State protection: Not protected class. Local Albuquerque ban: None. Statute: NMSA §28-1-7. Federal backstop: Fair Housing Act.

Refusing to rent based on race, family status, or another protected class hidden behind a voucher pretext can still trigger New Mexico Human Rights Bureau complaints and federal fair-housing claims, even without a source-of-income statute.

If you are coming from a city with tighter rules, you will find Albuquerque gives residents more flexibility on source-of-income discrimination.

Eviction Moratorium History

From March 2020 to April 2022, the New Mexico Supreme Court paused enforcement of money-judgment eviction writs for nonpayment in Albuquerque. The moratorium ended after rental assistance funds dried up; standard NMSA §47-8 eviction rules now apply.

Key details: Moratorium issued by: NM Supreme Court. Start: March 2020. End: April 2022. Current pay-or-quit: Three days.

Filing a nonpayment eviction during an active state moratorium, or skipping the required three-day pay-or-quit notice now that the moratorium has ended, can result in case dismissal and tenant recovery of attorney fees.

Rent Control

Albuquerque has no rent control or rent stabilization ordinances. New Mexico does not have a statewide rent control law, but neither does it have a statewide preemption prohibiting cities from enacting rent control. Landlords may set and increase rents without municipal limits, subject only to lease terms and general contract law.

Key details: Rent Control: None. State Law: No statewide rent control or preemption. Notice for Increase: 30 days for month-to-month. Cap on Increases: None. Rent Board: None.

Not applicable. There are no rent control regulations to violate. Landlords must comply with the NM Uniform Owner-Resident Relations Act regarding notice periods for rent increases.

Albuquerque is more permissive than most cities when it comes to rent control. That said, there are still limits.

Just Cause Eviction

Albuquerque does not have a just cause eviction ordinance. Evictions in New Mexico are governed by the Uniform Owner-Resident Relations Act (§47-8-1 et seq.) which allows landlords to terminate tenancies for cause (non-payment, lease violations) with proper notice, and to decline to renew expired leases without stating a reason.

Key details: Just Cause Required: No. Non-Payment Notice: 7 days. Lease Violation Notice: 7 days with cure period. Month-to-Month Termination: 30 days, no cause needed. Anti-Retaliation: 6 months after tenant complaint.

Not applicable for just cause requirements as none exist. Landlords who fail to follow proper eviction procedures face dismissal of their eviction case. Self-help evictions are illegal and may result in tenant damages. Retaliatory evictions are prohibited and may give tenants a defense in court.

If you are coming from a city with tighter rules, you will find Albuquerque gives residents more flexibility on just cause eviction.

Rental Registration

Albuquerque does not currently require a general rental property registration program. Landlords are not required to register their rental units with the city or obtain a rental license. The city relies on code enforcement and the state Uniform Owner-Resident Relations Act to regulate rental property conditions.

Key details: Registration Required: No. Rental License: Not required. Inspection Program: None (complaint-driven only). State Law: NM Uniform Owner-Resident Relations Act. Complaint Process: 311 system.

Not applicable for rental registration as no program exists. Landlords who fail to maintain habitable conditions may face tenant complaints, code enforcement citations, and civil liability under the Uniform Owner-Resident Relations Act.

The rules around rental registration in Albuquerque lean permissive, but that does not mean anything goes.

The Bottom Line

Compared to many U.S. cities, Albuquerque gives residents more room on rental property rules. 5 of the 8 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

This guide is based on Albuquerque's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.