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Eviction in Santa Fe County (Santa Fe), New Mexico

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

Quick facts: eviction in Santa Fe County (Santa Fe)

Eviction court
Santa Fe County Magistrate Court (First Judicial District) — Magistrate Court (landlord/tenant cases up to $10,000) Court page
Filing fee
$77 to file a Petition by Owner for Restitution New Mexico Courts Self-Representation - Landlord-Tenant
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)
$1,685/month HUD
Renter households
20,164 (28% of households) Census ACS 2020–2024

Last verified against official sources: 2026-10-28

Where eviction cases are filed in Santa Fe County (Santa Fe)

Eviction cases in Santa Fe County (Santa Fe) are heard by the Santa Fe County Magistrate Court (First Judicial District) (Magistrate Court (landlord/tenant cases up to $10,000)).

Court eviction page · Self-help center

New Mexico's court self-representation site lists magistrate courts as hearing landlord/tenant cases up to $10,000; the landlord files a Petition by Owner for Restitution after the notice period expires. The First Judicial District Court in Santa Fe hears real property matters. New Mexico Courts HelpLine: (855) 268-7804.

How much it costs to file an eviction in Santa Fe County (Santa Fe)

$77 to file a Petition by Owner for Restitution

Statewide figure on the courts' self-representation page. Ask the clerk about free process if you cannot afford the fee.

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

The New Mexico eviction process

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

  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 Santa Fe County (Santa Fe)

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

Studio$1,259
1 bedroom$1,390
2 bedrooms$1,685
3 bedrooms$2,122
4 bedrooms$2,231

Source: HUD Fair Market Rent documentation

Median gross rent in Santa Fe County (Santa Fe): $1,389/month (Census ACS 2020–2024 5-year estimates).

County tenant ordinance

No county-level landlord-tenant ordinance identified; eviction procedure follows state law. City rules, if any, are on city pages.

Eviction help in Santa Fe County (Santa Fe)

Free legal help

Tenant and eviction lawyers in Santa Fe County (Santa Fe)

Section 8 and public housing in Santa Fe County (Santa Fe)

All New Mexico housing authorities →

Other New Mexico counties

Related

Frequently asked questions

Where do I file an eviction in Santa Fe County (Santa Fe)?
Eviction cases in Santa Fe County (Santa Fe) are filed with the Santa Fe County Magistrate Court (First Judicial District).
How much does it cost to file an eviction in Santa Fe County (Santa Fe)?
$77 to file a Petition by Owner for Restitution.
Where can I get help with an eviction in Santa Fe County (Santa Fe)?
New Mexico Legal Aid.
What is the fair market rent in Santa Fe County (Santa Fe)?
HUD's FY2026 Fair Market Rent for a 2-bedroom unit is $1,685 per month (1-bedroom: $1,390).

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.