New Mexico · Landlord-tenant dispute
Landlord-tenant dispute in New Mexico small claims
Unpaid rent, withheld deposit, or property damage? Resolve it in small claims.
Landlord-tenant disputes over money — unpaid rent, a withheld deposit, damage charges, or a landlord's failure to make repairs you paid for — often end up in small claims court. The key to a strong case is a clear paper trail: your lease, rent receipts, move-in and move-out documentation, and all written communication with the other party. You do not need a lawyer to present this kind of claim.
In New Mexico, small-claims cases are heard in the Magistrate Court (Metropolitan Court in Bernalillo County) and you can sue for up to $10,000.
Good to know: New Mexico has no court named small claims court. Civil money claims up to $10,000 go to the Magistrate Court (in 32 of 33 counties) or, in Bernalillo County, the Metropolitan Court. Both use the same statewide civil forms (Civil Complaint 4-201 for magistrate, 4-202 for Metro).
Landlord-tenant dispute: steps that matter
- Gather your lease, all rent payment records, and any written communication between you and the other party about the dispute.
- Document the property's condition thoroughly — photos and videos at move-in, during the tenancy, and at move-out.
- Send a written demand stating exactly what you are claiming and why, and keep proof of delivery.
- Confirm whether your state has a separate, shorter statutory deadline for your specific claim (such as deposit return) with your court or local housing authority.
- File in the small claims court for the county where the rental property is located.
Filing your Civil Complaint (Form 4-201) in New Mexico
- Complete the Civil Complaint. Fill out the Civil Complaint (Form 4-201 magistrate, 4-202 Metro) stating proper venue, the amount claimed (up to $10,000), and a brief description of the event. Forms are free at nmcourts.gov.
- File with the clerk and pay the fee. File with the magistrate or metropolitan court clerk for the county where the defendant is or the claim arose, and pay the $72 docket fee (NMSA 35-6-1; Metro adds a $5 mediation fee). A fee waiver is available for indigency.
- Have the summons issued and served. Get a Civil Summons (Form 4-204) from the clerk. The summons, complaint, and answer form are served on the defendant by a sheriff or any uninvolved adult over 18. File the return of service.
- Wait for the defendant's response. The defendant has 20 days after service to file an answer. If none is filed, you may ask for a default judgment.
- Attend the trial. If the defendant answers, the court sets a trial. Bring your evidence, documents, and witnesses.
Filing fees: The civil docket fee is set by statute at $72 (NMSA 1978, 35-6-1), the same in magistrate and metropolitan courts and not county-set. The Metro Court adds a $5 small-claims mediation fee. A fee waiver is available on a showing of indigency.
Deadline that applies to your landlord-tenant dispute
A landlord-tenant money dispute is usually grounded in the lease — a contract — so the contract statute of limitations is the typical outer deadline for filing. Many states also have separate landlord-tenant statutes with shorter deadlines for specific remedies such as security deposit return. Confirm which deadline applies to your exact claim with the court or your state's official landlord-tenant resource.
Written contract: 6 years (NMSA 1978, Section 37-1-3)
Answering a lawsuit: 20 days after the summons is served.
Serving the defendant: The Civil Summons, complaint, and answer form are served by a sheriff or any non-party adult over 18, by personal delivery, by leaving them with someone over 15 at the defendant's home, or by posting plus mailing. A signed return of service is then filed.
Appeals: Either party may appeal to the district court within 15 days of the judgment being filed. The appeal is a trial de novo; the district court filing fee is $132.
All New Mexico small-claims deadlines
The table below lists the filing deadlines Magistrate Court (Metropolitan Court in Bernalillo County) applies by claim category. Confirm the exact rule that applies to your landlord-tenant dispute claim with your court before relying on any figure.
| Claim type | Filing deadline |
|---|---|
| Written contract (NMSA 1978, Section 37-1-3) | 6 years |
| Oral contract / debt (unwritten contract or account) (NMSA 1978, Section 37-1-4) | 4 years |
| Property damage (NMSA 1978, Section 37-1-4) | 4 years |
| Personal injury (NMSA 1978, Section 37-1-8) | 3 years |
New Mexico small-claims forms for your landlord-tenant dispute case
These forms are published by the Magistrate Court (Metropolitan Court in Bernalillo County). Download and complete them before filing.
- Form 4-201 Civil Complaint (Magistrate Court): The complaint that starts a small civil claim in magistrate court; states the parties, amount claimed, and basis of the claim.
- Form 4-204 Civil Summons: Notifies the defendant of the lawsuit and the 20-day deadline to respond; served with the complaint and answer form. Includes the return-of-service section.
- Form 4-301 Answer to Civil Complaint (Magistrate Court): The defendant's response form; plaintiffs should be familiar with it since a copy must accompany the summons served on the defendant.
- Form 4-202 Civil Complaint (Bernalillo County Metropolitan Court, CV-001): The complaint used to start a small civil claim in Bernalillo County (Albuquerque) Metropolitan Court instead of magistrate court.
This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: New Mexico Courts: Civil Forms and Files. Last reviewed 2026-06-24.