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Eviction in Bernalillo County (Albuquerque), New Mexico

Where eviction cases are filed in Bernalillo County (Albuquerque), what it costs, local rent levels and where to get help — with the official court, county and HUD sources.

Quick facts: eviction in Bernalillo County (Albuquerque)

Eviction court
Bernalillo County Metropolitan Court — Metropolitan court (limited jurisdiction) Court page
Filing fee
$77 to file a Petition by Owner for Restitution; no court fee listed for issuing a writ of restitution (Sheriff charges its own service/enforcement fee, amount not verified) Metropolitan Court Self-Help Pamphlet SH-109 (Landlord's Process for Evicting a Tenant, 9/2024); Metropolitan Court Fees and Costs Schedule ADMIN-008 (rev. 7/1/24)
Notice before filing (state law)
3-day written notice of nonpayment and intent to terminate. Tender of the full amount due, in the manner stated in the notice, before the 3 days expire bars an action for nonpayment. New Mexico rules
HUD Fair Market Rent, 2-bedroom (FY2026)
$1,464/month HUD
Renter households
101,241 (36% of households) Census ACS 2020–2024

Last verified against official sources: 2026-10-22

Where eviction cases are filed in Bernalillo County (Albuquerque)

Eviction cases in Bernalillo County (Albuquerque) are heard by the Bernalillo County Metropolitan Court (Metropolitan court (limited jurisdiction)).

Metropolitan Court hears landlord/tenant cases (petitions for restitution) with claims of $0-$10,000; suits are filed at Customer Service on the first floor of the courthouse. The Self-Help Center assists self-represented landlords and tenants with forms and procedure (not legal advice). The Second Judicial District Court also has concurrent landlord-tenant jurisdiction (not verified in detail here).

How much it costs to file an eviction in Bernalillo County (Albuquerque)

$77 to file a Petition by Owner for Restitution; no court fee listed for issuing a writ of restitution (Sheriff charges its own service/enforcement fee, amount not verified)

SH-109 states the fee to file a Petition is $77.00. From the court's official fee schedule PDF (rev. 7/1/24; https://metro.nmcourts.gov/wp-content/uploads/sites/47/2026/01/Metropolitan-Court-Fees-and-Costs-Schedule.pdf): civil docket fee $72 (NMSA 35-6-1) plus $5 mediation fee; the schedule lists no writ issuance fee. SH-109 says the clerk issues the Writ of Restitution and the Sheriff's Office, the only office authorized to evict, charges a fee for that service.

Source: Metropolitan Court Self-Help Pamphlet SH-109 (Landlord's Process for Evicting a Tenant, 9/2024); Metropolitan Court Fees and Costs Schedule ADMIN-008 (rev. 7/1/24)

How eviction cases work locally

Eviction diversion program withdrawnThe court's Eviction and Diversion Program was withdrawn by N.M. Supreme Court Order No. 23-8500-001 (posted November 2023).
Self-help pamphletsThe Self-Help Center posts a landlord's eviction-process pamphlet and a tenant's relief-and-response pamphlet.

The New Mexico eviction process

New Mexico state law sets the notice periods and court steps everywhere in the state, including Bernalillo County (Albuquerque):

  1. Written notice: 3-day nonpayment notice, 7-day noncompliance notice, 3-day substantial-violation notice, or 30-day termination notice (§§ 47-8-33, 47-8-37)
  2. File petition for restitution with the magistrate or district court clerk, stating the facts and notice compliance (§ 47-8-42)
  3. Summons served; owner's possession trial set not less than 7 nor more than 10 days after service; court may continue up to 7 days for good cause (§ 47-8-43)
  4. Trial and judgment for restitution
  5. Writ of restitution directs the sheriff to restore possession on a date not less than 3 nor more than 7 days after judgment (§ 47-8-46)
  6. Removal by sheriff; a resident's appeal stays the writ only if the resident pays rent into escrow or to the owner within 5 days of filing the appeal (§ 47-8-47)

Full New Mexico eviction rules with sources →

Rent in Bernalillo County (Albuquerque)

HUD FY2026 Fair Market Rents for the Albuquerque, NM MSA (the rent levels used for Section 8 vouchers):

Studio$1,009
1 bedroom$1,185
2 bedrooms$1,464
3 bedrooms$2,036
4 bedrooms$2,399

Source: HUD Fair Market Rent documentation

Median gross rent in Bernalillo County (Albuquerque): $1,144/month (Census ACS 2020–2024 5-year estimates).

County tenant ordinance

No county-level landlord-tenant ordinance identified.

Eviction help in Bernalillo County (Albuquerque)

Free legal help

City rules in Bernalillo County (Albuquerque)

Other New Mexico counties

Related

Frequently asked questions

Where do I file an eviction in Bernalillo County (Albuquerque)?
Eviction cases in Bernalillo County (Albuquerque) are filed with the Bernalillo County Metropolitan Court.
How much does it cost to file an eviction in Bernalillo County (Albuquerque)?
$77 to file a Petition by Owner for Restitution; no court fee listed for issuing a writ of restitution (Sheriff charges its own service/enforcement fee, amount not verified)
Where can I get help with an eviction in Bernalillo County (Albuquerque)?
New Mexico Legal Aid.
What is the fair market rent in Bernalillo County (Albuquerque)?
HUD's FY2026 Fair Market Rent for a 2-bedroom unit is $1,464 per month (1-bedroom: $1,185).

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.