COVID-19 Legal FAQs for Renters in

This page has local legal information on residential (not commercial) renters’ issues during the COVID-19 pandemic. It is not legal advice, and you should check with your local legal aid and courts for current information. Your local city or county may have additional protections for renters.

This page was last updated on July 9, 2020. It was reviewed by our volunteer attorney experts.

Its information is taken from these sources:Princeton Eviction Lab's COVID Policy ScorecardsColumbia Law School COVID-19 Eviction Moratoria analysisEnergy and Policy Institute Utility Disconnect TrackerSupreme Court orderElectricity servicesNew Mexico courts

COVID-19 Legal FAQs for Renters in New Mexico
Are there any special protections for renters during the emergency? How long do they last?

Yes, the New Mexico Supreme Court has issued an order preventing physical evictions during the emergency, if a renter can show that they are unable to pay the rent. Renters cannot be removed from their homes based on nonpayment of rent, but landlords can still bring them to court to initiate the eviction process.

You may also be eligible for national protections during the emergency, check here below to see if you are.

Some local New Mexico governments, like Santa Fe and Albuquerque, have additional protections for renters. Check with your local city or county to see if you have more protections.

What do the protections mean for renters?

The protections means that through the end of the emergency in New Mexico:

  1. Your landlord can still give you a notice to quit.
  2. Your landlord can still file an eviction claim in court against you.
  3. Hearings on eviction are still happening, and the court may still hear an eviction case against you.
  4. The court may issue a new order, judgment, or writ of eviction against you.
  5. An existing eviction order may not be enforced against you, if you can show you are unable to pay rent.
Do I still have to pay rent during the emergency?

Yes, New Mexico renters still need to pay rent during the emergency.

Also check with your local city or county government to see if they give renters any additional protections if they are struggling to pay rent during the emergency.

If you cannot pay rent, take steps to protect yourself:

  • Communicate with your landlord: Send a written letter or email to your landlord as soon as possible. Explain why you cannot pay the rent because of COVID-19 impact. You can also try to negotiate with your landlord to make a payment plan or get a temporary rent reduction. Get help here for drafting and mailing a letter to your landlord. You can also use this letter-writing tool here.
  • Get written records of all communication: Keep copies of any letter or email you send, and any responses from the landlord. Keep receipts for any payments you make. If you make a payment plan or rent agreement, make sure to get it in writing.
  • Keep proof of COVID-19's impact on you: Collect documents about your COVID-19-related employment problems, health care issues, or other issues that affect your ability to pay rent. This includes letters from your employer, doctor, insurance provider, child care provider, schools, etc.
  • Check for help: If you need financial assistance for housing costs, you may be able to get help.
Can my landlord evict me during the emergency?

You cannot be evicted from your home during the emergency period, if you can show that you cannot pay your rent.

Your landlord may still begin a lawsuit against you, and the court may hear the case. But law enforcement should not enforce an eviction order against you, if you are able to prove that you are unable to pay the rent.

Once the emergency period ends, landlords can begin to enforce evictions against renters once again. During the emergency period, landlords can still enforce evictions against renters for reasons other than nonpayment of rent.

You may also be eligible for national protections during the emergency, check here below to see if you are.

If you receive a notice to quit from your landlord, or an eviction lawsuit, reach out for legal help.

Can my utilities be shut off during the emergency?

The Public Service of New Mexico has suspended disconnections and late fees for electric services.

Check with your local government and utility providers about other utilities, aside from electricity.

Renters still must pay their utility bills. If you need financial assistance for utility costs, you may be able to get help.

Landlords are never allowed to shut off a renter's utilities in an attempt to force the renter out. This is illegal. Reach out to a lawyer for help if this happens to you.

Are you eligible for U.S. national protections against eviction?

Renters in 3 categories have special national protections against being evicted during the Emergency Period of March 27, 2020 to July 24 or 25, 2020. These national protections add onto any state and local protections you have.

Do you fit in any of these 3 categories?

Your home’s owner has a federally backed mortgage loan or other guarantee (like through Freddie Mac or Fannie Mae). Search if your home is covered.
You pay rent through a federal assistance program like the Section 8 Housing Choice Voucher, Rural Development Voucher, or other 'covered housing' program.
You live in Public Housing, where the government is your landlord.

If you are a renter in one of these 3 categories, the federal CARES Act section 4024 gives you these protections. (Remember, these protections add onto any state and local protections you have)

  • Your landlord cannot file a new eviction lawsuit against you for not paying your rent during the Emergency Period. They can still evict you for other behavior, like drug abuse, other criminal activities, or other lease violations.
  • Your landlord cannot charge you new fees or penalties for not paying your rent during the Emergency Period.
  • After the Emergency Period ends, your landlord may not be able to evict you immediately.(Different states interpret the protections ending on July 24 or 25. Check with local lawyers to see about your state). If you have not paid your rent in full during the Emergency Period, your landlord must wait until the period ends before giving you a notice to vacate. For example, they may give you a notice on July 26, and you must be allowed until at least August 25 to leave the property.

For more help on these national protections, reach out for legal and financial help here. Also, use this tool to write a letter to your landlord if you are having issues with rent or eviction.

What if I need repairs?

Can I break my lease?

What do I do if my landlord tries to evict me?

Are eviction cases still proceeding through court?

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