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Eviction in Doña Ana County (Las Cruces), New Mexico

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

Quick facts: eviction in Doña Ana County (Las Cruces)

Eviction court
Doña Ana County Magistrate Court (Las Cruces and Anthony); Third Judicial District Court — Magistrate court (limited jurisdiction) / District court (general jurisdiction) Court page
Filing fee
$77 to file a Petition by Owner for Restitution; sheriff or process-server service fees are extra New Mexico Courts Self-Representation, Landlord-Tenant page
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)
$1,042/month HUD
Renter households
29,315 (34% of households) Census ACS 2020–2024

Last verified against official sources: 2026-10-23

Where eviction cases are filed in Doña Ana County (Las Cruces)

Eviction cases in Doña Ana County (Las Cruces) are heard by the Doña Ana County Magistrate Court (Las Cruces and Anthony); Third Judicial District Court (Magistrate court (limited jurisdiction) / District court (general jurisdiction)).

A landlord starts an eviction by filing a Petition by Owner for Restitution; the clerk prepares a service packet with the hearing date, which must be served on the tenant at least 7 days before the hearing (by the sheriff, a process server, or any non-party adult). Residential evictions are commonly filed in magistrate court; the district court also has jurisdiction. The Third Judicial District Court runs a walk-in Self-Help Center (201 W. Picacho, first floor; weekdays 8:30 a.m.-4 p.m.) that gives general information, not legal advice.

How much it costs to file an eviction in Doña Ana County (Las Cruces)

$77 to file a Petition by Owner for Restitution; sheriff or process-server service fees are extra

Statewide guidance; confirm the current amount with the magistrate court clerk. A case filed in the Third Judicial District Court carries that court's civil filing fee ($132 per its fee schedule: https://thirddistrict.nmcourts.gov/about-this-district/fees-costs-filing/). Fees may be waived by court order for those who cannot pay.

Source: New Mexico Courts Self-Representation, Landlord-Tenant page

How eviction cases work locally

Service of the eviction packetThe landlord must have the service packet served at least 7 days before the hearing and return the completed Return of Service to the clerk before the court date, or the case will be delayed.

The New Mexico eviction process

New Mexico state law sets the notice periods and court steps everywhere in the state, including Doña Ana County (Las Cruces):

  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 Doña Ana County (Las Cruces)

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

Studio$744
1 bedroom$951
2 bedrooms$1,042
3 bedrooms$1,449
4 bedrooms$1,580

Source: HUD Fair Market Rent documentation

Median gross rent in Doña Ana County (Las Cruces): $934/month (Census ACS 2020–2024 5-year estimates).

County tenant ordinance

No Doña Ana County landlord-tenant ordinance was identified; the New Mexico Uniform Owner-Resident Relations Act governs.

Eviction help in Doña Ana County (Las Cruces)

Free legal help

Other New Mexico counties

Related

Frequently asked questions

Where do I file an eviction in Doña Ana County (Las Cruces)?
Eviction cases in Doña Ana County (Las Cruces) are filed with the Doña Ana County Magistrate Court (Las Cruces and Anthony); Third Judicial District Court.
How much does it cost to file an eviction in Doña Ana County (Las Cruces)?
$77 to file a Petition by Owner for Restitution; sheriff or process-server service fees are extra.
Where can I get help with an eviction in Doña Ana County (Las Cruces)?
New Mexico Legal Aid.
What is the fair market rent in Doña Ana County (Las Cruces)?
HUD's FY2026 Fair Market Rent for a 2-bedroom unit is $1,042 per month (1-bedroom: $951).

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.