What Owners Need to Know

WHAT OWNERS NEED TO KNOW

COVID-19 UPDATES: Taken from New Mexico Courts

EVICTIONS PAUSED FOR TENANTS WHO PROVE THEIR INABILITY TO PAY RENT

The state Supreme Court has paused evictions for New Mexicans who prove that they are unable to pay rent during the COVID-19 public health emergency.

 

If a landlord begins an eviction proceeding, the renter will receive a summons that notifies them of the lawsuit and explains that they can participate in a hearing before a judge. Court hearings are conducted by video or telephone during the public health emergency, unless the parties ask to appear in person. To stop an eviction, renters must participate in the hearing and provide the judge with evidence of their current inability to pay their rent. 


The summons you receive from the court will give you directions about how to participate in the hearing.


If you would like assistance with your eviction proceeding, please contact:

  • New Mexico Legal Aid - 1-833-LGL-HELP (1-833-545-4357).
  • Senior Citizens Law Office - (505) 265-2300 (Serves residents of Bernalillo, Sandoval, Valencia and Torrance counties who are 60 or older).
  • Legal Resources for the Elderly Program, 800-876-6657 statewide; 505-797-6005 in Albuquerque, (Statewide free legal helpline for NM residents 55 and older.) 


*Update

The Bernalillo County Metropolitan Court offers a free mediation program for people involved in active landlord-tenant cases in that court. The program began May 11th. A trained facilitator works with landlords and tenants to try to develop a business agreement beneficial to both sides. Click here for more details. People wishing to participate in the Landlord-Tenant Settlement Program should contact the Metro Court’s Mediation Division at (505) 841-8167.

New Mexico COVID-19 and Eviction FAQ 

  • What has the Supreme Court done to address evictions in light of the COVID-19 public health emergency?

    The Supreme Court issued two orders, one on March 24, 2020 (No. 20-8500-007) and one on March 26, 2020 (No. 20-8500-008), which address eviction for non-payment of rent cases. These orders require judges to stay (put a hold on) evictions in cases where the tenant has shown the court that they are unable to pay rent. 

  • Do tenants still have to go to court?

    Yes, if a landlord has filed a court case claiming a tenant has not paid rent, the tenant must still prove that they are unable to pay rent at the court hearing before an eviction can be stayed. 

  • How can court hearings happen safely with COVID-19 restrictions?

    Courts are holding hearings by telephone and video. Information about how to appear by phone or video will be given on hearing notices. If a person is not able to appear by telephone or video, they should let the court where their case is happening know as soon as possible. 

  • Do these orders stop evictions for things other than not paying rent?

    No, evictions can still happen for other reasons, such as a tenant violating the lease agreement in a way that is not about paying rent, a tenant committing a crime on the property, and tenants who do not move out once their lease is up. 

  • Do these orders stop evictions for things other than not paying rent?

    No, evictions can still happen for other reasons, such as a tenant violating the lease agreement in a way that is not about paying rent, a tenant committing a crime on the property, and tenants who do not move out once their lease is up. 

  • Do these orders apply to mobile home park evictions?

    Yes. Judges must also stay (stop) orders removing a mobile home from a mobile home park or foreclosing on a mobile home. The tenant in these cases must also prove that they are unable to pay rent. I want to appeal a writ of restitution (eviction order) that was stayed. 

  • When do I have to do this by?

    If a writ of restitution is stayed, the timelines for the appeal are also stayed. 

  • What happens to the stayed writs of restitution once the COVID-19 emergency is over?

    This will be up to individual courts to decide. Some courts are developing mediation programs to help tenants and landlords address ways in which a tenant might be able to stay in the property New Mexico COVID-19 and Eviction FAQ once the public health emergency is over. You should contact the individual court in which a case is filed for more guidance. 

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