Squatters' Rights in New Mexico
New Mexico rules on squatters & abandoned property for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: New Mexico has no squatter-specific removal procedure or crime. Bills to create one failed: HB 332 and SB 359 (2025) and HB 144 (2026) all died. 2025 HB 332, 2025 SB 359, 2026 HB 144 (all died)
The rules in New Mexico
| Squatters / unauthorized occupants | New Mexico has no squatter-specific removal procedure or crime. Bills to create one failed: HB 332 and SB 359 (2025) and HB 144 (2026) all died. Removal is through existing law (court action and criminal trespass), which was not verified here. Bill status pages read on nmlegis.gov: HB 332 (https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=332&year=25) and SB 359 (https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=359&year=25) both show 'Died'. |
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Related questions
New Mexico vs. neighboring states
| State | Squatters / unauthorized occupants | Belongings left behind |
|---|---|---|
| New Mexico | New Mexico has no squatter-specific removal procedure or crime. Bills to create one failed: HB 332 and SB 359 (2025) and HB 144 (2026) all died. Removal is through existing law (court action and criminal trespass), which was not verified here. 2025 HB 332, 2025 SB 359, 2026 HB 144 (all died) | Not verified yet |
| Arizona | The owner files a forcible detainer action in court. There is no affidavit-based police removal procedure. Under SB 1426 (2026), a person who entered by force commits forcible detainer by refusing to leave after a reasonable request from the owner or the owner's agent, if all of these apply: the property is or includes a residential dwelling; the occupant is unauthorized; the owner has told the occupant to leave; the property was not open to the public when the occupant entered; and the occupant is not a current or former tenant, a cohabitant by prior agreement, an immediate family member of the owner, or a party to pending litigation with the owner. In those cases the owner does not have to wait 5 days after a written demand. The Arizona Supreme Court must adopt rules for expeditious resolution, and the writ of restitution issues immediately after the court signs a judgment against the unauthorized person. Entering or remaining unlawfully in a residential structure is criminal trespass in the first degree, a class 6 felony. A.R.S. §§ 12-1171, 12-1173(A)(3)(b), (B), (C) (as amended by SB 1426, 2026); A.R.S. § 13-1504(A)(1), (B) | If the tenant abandons the unit, the landlord must send a notice of abandonment by certified mail, return receipt requested, to the tenant's last known address and any known alternate addresses, and post the notice on the door or another conspicuous place for 5 days. A unit counts as abandoned if (1) the tenant has been absent without notice for at least 7 days, rent has been unpaid for 10 days, and nothing suggests the tenant still lives there other than personal property left behind, or (2) the tenant has been absent for at least 5 days, rent has been unpaid for 5 days, and no personal property remains. For property left behind, the landlord must inventory it, notify the tenant where it is stored and what storage costs, and hold it for 14 calendar days with reasonable care. After that, the landlord may sell or donate it. Sale proceeds go first to unpaid rent and costs, and any excess goes to the tenant. Records and any undeliverable excess are kept for 12 months. Perishables, plants, and hazardous items may be disposed of right away, and property of minimal value may be destroyed. Before the property is sold, a tenant who gives written notice has 5 days to reclaim it by paying removal and storage costs. The tenant may retrieve clothing, tools of the trade, and identification and financial documents without paying costs first. If the tenant returned the keys, the landlord may dispose of anything left without liability unless the parties agreed otherwise in writing. The same property rules apply the day after a writ of restitution is executed. A.R.S. §§ 33-1370(A)-(J), 33-1368(E), 33-1314(E)-(G) |
| Colorado | Colorado has a fast court process for removing an "unauthorized person": someone occupying a vacant or uninhabited home who never had any agreement with or consent from the owner, is not the owner's relative, never paid the owner anything, and was never given permission to be there. The owner (or authorized agent) first demands that the occupants leave, then files a complaint and a sworn "Verified Motion for Order to Remove Unauthorized Persons" in county court. The motion must be served (in person or by posting) at least 24 hours before the hearing, and the court must hold the hearing by the next court day. If the court finds the occupants are unauthorized, it issues a temporary mandatory injunction and writ of restitution, and the sheriff must remove them within 24 hours of receiving the order and order them to stay off the property or face arrest for criminal trespass. Anyone who falsely swears on the motion can be sanctioned, held in contempt, or prosecuted for perjury or false swearing. If the motion is denied, the owner can still bring a regular eviction (forcible entry and detainer). C.R.S. §§ 13-40.1-101, 13-40.1-102; § 13-40-104(1)(a) | Colorado has no single statute on belongings a residential tenant leaves behind. After an eviction, the officer executing the writ of restitution removes the property. The landlord has no duty to store or inventory it, and is immune from liability if the landlord follows the officer's lawful directions. A landlord who chooses to store the property may charge reasonable storage costs and either let the tenant reclaim it after paying them or dispose of it under the landlord's lien. That lien covers unpaid rent on household goods left on the premises. It does not cover pets, small kitchen appliances, cooking utensils, beds, bedding, necessary clothing, personal or business records, or personal effects. Lien property is presumed abandoned if the owner has not contacted the landlord for at least 30 days. At least 15 days before selling or disposing of it, the landlord must send notice of the manner and date by registered or certified mail (return receipt, addressee only) to the owner's last-known address. If the notice comes back unclaimed, the landlord must publish it in a local newspaper. During an eviction, the officer must hand pets to the tenant or call animal control. Pets may not be left unattended. C.R.S. §§ 13-40-122(2)-(4), (2.5); 38-20-102(3); 38-20-116(1)-(2) |
| Oklahoma | Sheriff removal without a court case. The owner or an authorized agent gives the county sheriff a verified Complaint to Remove Persons Unlawfully Occupying Residential Real Property, signed under penalty of perjury on the form set out in the statute, with ID or proof of agency attached. All of these must be true: the property was not open to the public when the occupants entered; the owner told them to leave; they are not current or former tenants; they cannot produce a lease signed by the owner, or a government document showing the address as their address of record within the past 12 months; they are not immediate family of the owner; and no related lawsuit is pending. The sheriff verifies ownership, serves a notice to immediately vacate by hand or by posting, puts the owner in possession, and may stand by (at an hourly fee) while the locks are changed. Penalties: damaging the dwelling by $1,000 or more is a felony (up to 3 years and/or $10,000). Presenting a fake lease or deed is a misdemeanor (up to 1 year and/or $1,000). Someone wrongfully removed may sue for restored possession, actual damages, 3x the fair market rent, costs, and attorney fees. Separately, under the landlord-tenant act a landlord may demand that an occupant with no rental agreement leave without filing an eviction. Failing to leave within a reasonable time is trespass, with a fine of up to $500. 21 O.S. §§ 1354-1357; 41 O.S. § 111(G) | Applies after the tenant abandons or surrenders the unit or is lawfully evicted. Property the landlord judges to have no apparent value, and perishables, may be disposed of right away without liability. For property with apparent value, the landlord must send written notice by certified mail to the tenant's last-known address saying the property will be deemed abandoned if it is not removed by the date in the notice. Property left with the landlord 30 days or longer is conclusively abandoned and may be disposed of in any reasonable manner. While storing it, the landlord must use reasonable care. Storage in the unit may cost no more than the fair rental value; commercial storage costs the actual charges. A tenant who reclaims the property in time pays storage and other accrued costs. A landlord who deliberately or negligently violates these rules is liable for actual damages. 41 O.S. § 130 |
| Texas | Since Sept. 1, 2025 (SB 1333), the owner of residential property (or agent) may file a sworn complaint in a statutory form with the county sheriff or constable asking for immediate removal of a person who unlawfully entered and is occupying a dwelling without consent, if the property was not open to the public when the person entered, there is no pending litigation between owner and occupant, the owner has told the person to leave, and the person is not a current or former tenant or an immediate family member. After verifying the complainant is the record owner, the officer serves a notice to immediately vacate (hand delivery or posting on the front door) and puts the owner in possession; the officer may stand by (hourly fee) while locks are changed and belongings are placed at the property line. Fee equals the writ-of-possession fee. A person wrongfully removed may sue for possession, actual damages, exemplary damages of three times fair market rent, costs and attorney's fees. Presenting a fake lease or deed to stay on property is a Class A misdemeanor; listing or renting property without authority is a first-degree felony. Tex. Prop. Code ch. 24B (24B.001-24B.006); Tex. Penal Code Sec. 32.56 (as added by SB 1333), 32.57 | No general abandoned-property procedure; the lease largely governs. A landlord may remove the contents of premises abandoned by a tenant (an exception to the lockout ban). Seizure of property for unpaid rent under the landlord's lien requires an underlined/bold lien clause in a written lease, a peaceful seizure, a notice and itemized list left in the unit, and before any sale at least 30 days' notice by first-class and certified mail; surplus proceeds go to the tenant within 30 days. Deceased sole tenant: landlord may remove and store property and may discard it if the designated contact fails to remove it within 30 days after a certified-mail request (unless the lease sets another procedure). Tex. Prop. Code Sec. 92.0081(b)(2); 54.041-54.046; 92.014 |
| Utah | Since 2025 (ch. 295), an owner or authorized agent may present law enforcement a verified 'Complaint to Remove Trespassers Unlawfully Occupying Real Property' in the statutory form, under penalty of perjury, with proof of record ownership (or agency) and ID, attesting that the trespasser entered unlawfully, the property was not open to the public, the owner told them to leave, they are not a current or former tenant under a written rental agreement, an owner/co-owner or on title (absent title fraud), or an immediate family member, and there is no pending litigation. If the owner appears entitled to relief, law enforcement must without delay serve a notice to immediately vacate (hand delivery or posting) and put the owner in possession, may arrest for trespass or warrants, and may stand by while locks are changed and belongings moved to the property line. A wrongfully removed person may be restored to possession and recover actual costs and damages, triple the fair market rent, costs and attorney's fees, with an expedited trial. Utah Code 78B-6-817 | Abandonment is presumed if the tenant gave no notice of absence and either fails to pay rent within 15 days after the due date with no evidence of occupancy other than belongings, or fails to pay and has removed belongings. If belongings are left, the owner may remove and store them and recover actual moving and storage costs; the owner must post a notice on the premises and send it by first-class mail to the tenant's last known address stating the property is considered abandoned. The tenant may retrieve it within 15 calendar days of the notice by paying inventory, moving and storage costs (written demand with proof of ownership). After 15 days in storage with no reasonable recovery effort and no pending hearing, the owner may sell it at public sale (proceeds applied to amounts owed; surplus handled as unclaimed property) or donate it if commercially reasonable. No duty to store hazardous materials, animals, garbage, or perishables; motor vehicles are excluded. Utah Code 78B-6-815; 78B-6-816 |
City rules that may add to state law
More New Mexico rental law
- New Mexico Security Deposit Law
- New Mexico Eviction Laws
- New Mexico Notice to Vacate Rules
- Landlord Entry Rules in New Mexico
- New Mexico Repairs & Tenant Remedies
- New Mexico Rent Increase & Late Fee Laws
- Breaking a Lease in New Mexico
- New Mexico Rental Fee Rules
- New Mexico Section 8, Records & Right to Counsel
- New Mexico Mold, Pests, Heat & AC Rules
- New Mexico Privacy, Guests & Animal Rules
- New Mexico Landlord Selling the House
- New Mexico Lockouts, Utility Shutoffs & Retaliation
- New Mexico Subletting, Lease Endings & Tenant Death
- All New Mexico landlord-tenant rules
- Free legal help in New Mexico
Compare squatters & abandoned property in all 50 states and DC →
Squatters' Rights in New Mexico FAQ
How do you remove a squatter in New Mexico?
New Mexico has no squatter-specific removal procedure or crime. Bills to create one failed: HB 332 and SB 359 (2025) and HB 144 (2026) all died. Removal is through existing law (court action and criminal trespass), which was not verified here. (2025 HB 332, 2025 SB 359, 2026 HB 144 (all died))
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.