Renting a home that was foreclosed in New Mexico: your rights

Your rights as a renter in New Mexico, in order

1. Federal floor: 90 days and your lease

   After the new owner takes title

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant gets written notice at least 90 days before having to move, and a lease signed before the foreclosure lasts until it ends unless the buyer will live in the home. Section 8 voucher holders keep their lease and housing assistance contract. See our [renter's notice after foreclosure](/notices/tenant-notice-after-foreclosure/) page.

   Pub. L. 111-22 § 702 (12 U.S.C. § 5220 note); 42 U.S.C. § 1437f(o)(7)

2. Who to pay while the case goes on

   From the foreclosure filing on

   We found no New Mexico statute that says who a renter pays during or after a foreclosure. Keep paying rent as your lease says, ask in writing before paying anyone new, and ask the new owner for proof that it owns the home. Keep receipts for every payment.

3. Month-to-month notice

   At least 30 days before the rent date

   Under New Mexico's Uniform Owner-Resident Relations Act, a month-to-month residency can be ended by written notice at least 30 days before the rental date in the notice. If you are a bona fide tenant, the federal 90 days still applies after a foreclosure, so a 30-day notice from a new owner is not enough.

   NMSA 1978, § 47-8-37(B)

4. Only a court can remove you

   After a notice runs out

   The New Mexico Courts say an eviction starts with a written notice, then the owner files a Petition by Owner for Restitution, and the papers must be served on you at least 7 days before the hearing. A buyer at a foreclosure sale may instead ask the foreclosure court for a writ of assistance. Go to every hearing and bring your lease and rent receipts.

   Uniform Owner-Resident Relations Act, NMSA 1978, ch. 47, art. 8

5. Your security deposit

   Within 30 days after you move out

   The owner may keep a deposit only for unpaid rent and damage beyond normal wear and tear, and must send an itemized list of deductions within 30 days after the lease ends or you leave, whichever is later. An owner who misses that deadline loses the right to keep any of it. We found no rule on moving a deposit to a new owner after foreclosure, so ask both your old landlord and the new owner in writing.

   NMSA 1978, § 47-8-18(C), (D)

6. Free help

   As soon as you get any notice

   The New Mexico Courts HelpLine at (855) 268-7804 can explain court steps, and New Mexico Legal Aid helps renters with eviction cases. Do not move out or sign a move-out deal until someone has read your notice.

Common questions in New Mexico