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.
Rather than relying on city action, New Mexico's eviction freeze during the COVID-19 emergency was issued by the New Mexico Supreme Court. Order No. 20-8500-008 directed metropolitan and magistrate courts to stay execution of writs of restitution in nonpayment cases as long as the tenant could show inability to pay. The order applied statewide, including in Albuquerque's Bernalillo County Metropolitan Court. The court lifted the stay effective April 2022, citing the wind-down of federal Emergency Rental Assistance funds and CDC moratorium expiration. Landlords may now pursue standard three-day pay-or-quit notices under NMSA §47-8-33 and proceed to writ of restitution in metro court.
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.
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