Short-Term Rentals in Albuquerque, NM

If you live in Albuquerque or are thinking about moving there, short-term rentals are one of those things you probably won't think about until they affect you directly. Albuquerque has 6 specific rules on the books covering different aspects of short-term rentals, and some of them might surprise you.

Occupancy Limits

Albuquerque caps overnight STR occupancy at two adults per bedroom plus two additional adults, so a two-bedroom unit allows six and a three-bedroom unit allows eight. An adult is anyone over 12 years of age.

Key details: Code Section: ROA 1994 Sec. 13-19-7. Overnight Formula: 2 adults per bedroom + 2. Two-Bedroom Unit: 6 adults overnight. Three-Bedroom Unit: 8 adults overnight. Adult Defined: Any person over 12 years of age.

Exceeding occupancy is enforced by the Zoning Enforcement Officer under 13-19-8 after a written notice and a 30-day grace period; continued violation triggers penalties under ROA 1994 Sec. 1-1-99, civil assessments of $500 per day, and possible permit revocation.

Insurance Requirements

Every Albuquerque STR operator must carry short-term rental insurance of at least $250,000 per unit, covering damage to guests and damage caused by guests or the operator to others, including neighbors.

Key details: Code Section: ROA 1994 Sec. 13-19-5(C). Minimum Coverage: $250,000 per unit. Covers: Damage to guests and to third parties/neighbors. Proof Required: At permit application (13-19-6(A)(5)).

Failure to maintain the required $250,000 insurance is a permit-application defect and an ongoing violation of 13-19-5(C), enforceable under 13-19-8 with notice, a 30-day cure period, Sec. 1-1-99 penalties, $500-per-day civil assessments, and permit revocation.

Noise Rules

Gatherings at an Albuquerque short-term rental larger than the unit's overnight occupancy must end and attendees must clear the property by 10:00 p.m. Albuquerque Code of Ordinances § 13-19-7(B) sets that curfew, and every STR operator must also certify compliance with the city's Noise Ordinance as a condition of the permit.

Key details: Gathering curfew: 10:00 p.m. local time. Max gathering size: 2x overnight occupancy or 20. Overnight occupancy: 2 adults/bedroom plus 2. Adult defined as: Over 12 years of age. Noise compliance: Certified at permit application.

A gathering that runs past 10:00 p.m. or exceeds the cap is cured through a 30-day notice period; after that, § 1-1-99 misdemeanor penalties apply with each day a separate offense, and the City Attorney may sue to enjoin the conduct and collect civil assessments of $500 per day the violation continues, recoverable as a lien on the property under NMSA 1978 §§ 3-36-1 to 3-36-5.

Repeat Violator Strikes

Three or more violations of city ordinances or state statutes at an Albuquerque short-term rental within a 12-month period triggers automatic revocation of the STR permit for two full years. Albuquerque Code of Ordinances § 13-19-8(B)(4) sets the strike rule, on top of daily fines the city can already assess for a single uncured violation.

Key details: Strike threshold: 3+ violations in 12 months. Consequence: Permit revoked 2 years. Enforcing officer: Zoning Enforcement Officer. Grace period: 30 days minimum per notice. Civil assessment: $500 per day uncured.

A single uncured violation draws a 30-day notice-and-cure period, then § 1-1-99 misdemeanor charges (each day a separate offense) plus $500-per-day civil assessments and a possible property lien. A third violation within any 12-month period revokes the STR permit outright for two years under § 13-19-8(B)(4), regardless of whether the owner has since cured the underlying conditions.

Compared to other cities, Albuquerque takes a harder line on repeat violator strikes. The enforcement and penalty structure reflects that.

Short-Term Rental Permits

Albuquerque requires a valid Short Term Rental permit from the Planning Department for every unit rented 29 days or less, plus a City Business Registration. The initial permit fee is $120 and renewals are $90.

Key details: Code Section: ROA 1994 Sec. 13-19-6. Initial Permit Fee: $120.00. Renewal Fee: $90.00. Permit Duration: 12 consecutive months. STR Definition: Dwelling unit rented 29 days or less.

Operating without a valid STR permit is a violation enforced by the Zoning Enforcement Officer under 13-19-8, subject to the penalties in ROA 1994 Section 1-1-99 with each day a separate offense, civil assessments of $500 per day, and permit revocation for two years after three or more violations in a 12-month period.

Taxes & Fees

Albuquerque imposes a 5% lodgers' occupancy tax plus a 1% hospitality fee, a combined 6% on gross rent, for every short-term rental stay, collected by the host and remitted monthly to the City.

Key details: Lodgers' occupancy tax rate: 5% of gross taxable rent. Hospitality fee rate: 1% of gross taxable rent. Combined city rate: 6% on short-term rental stays. Late payment penalty: 10% of tax or $100, greater. Exemption threshold: Stays of 30+ consecutive days.

Filing a return without paying triggers a penalty of 10% of the tax or $100, whichever is greater, plus interest up to 1% a month and possible district court collection action.

The Bottom Line

Albuquerque's short-term rentals rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Albuquerque is broadly strict or permissive.

These rules come from Albuquerque's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.