Bernalillo County Eviction Court — Landlord Filing Guide (2025)
Everything New Mexico landlords need to file a Petition for Restitution (Eviction) in Bernalillo County — fees, courthouse info, timeline, and step-by-step process.
🏛️ Bernalillo County Courthouse Information
- Courthouse: Second Judicial District Court
- Address: 400 Lomas Blvd. NW, Albuquerque, NM 87102
- Phone: (505) 841-7425
- Hours: Mon–Fri, 8:00 AM – 5:00 PM
- Case type: Petition for Restitution (Eviction)
⚠️ Bernalillo County — What Landlords Should Know
Bernalillo County (Albuquerque) uses Magistrate Court for smaller claims and District Court for larger ones.
Need an Eviction Attorney in Bernalillo County?
Procedural mistakes can get your case dismissed. Get matched with a local Bernalillo County eviction attorney — free consultation.
Step-by-Step: How to File an Eviction in Bernalillo County
Serve the Required Notice
Before filing, you must serve a written notice. For non-payment of rent, a 3-day Pay or Quit notice is required. For lease violations, serve a 7-day Cure or Quit notice. Make sure the notice is properly formatted and personally served or posted per New Mexico law.
File Your Petition for Restitution (Eviction) at Second Judicial District Court
After the notice period expires without compliance, file your eviction complaint at the Second Judicial District Court (400 Lomas Blvd. NW, Albuquerque, NM 87102). The filing fee is $80. Bring: your lease agreement, the notice, and proof of service.
Serve the Summons on the Tenant
After filing, the court issues a summons. In Bernalillo County, service is typically handled by the Sheriff's office or a licensed process server for a fee of $30. You must NOT serve the summons yourself — improper service can get your case dismissed.
Attend the Court Hearing
Hearings in Bernalillo County are typically scheduled 2–4 weeks after filing. Attend with all documentation: lease, notices, payment records, and proof of service. If the tenant doesn't appear, you may receive a default judgment. Come prepared to present your case clearly.
Obtain and Enforce the Writ of Possession
After a judgment in your favor, request a Writ of Possession from the clerk. The New Mexico Sheriff's office will serve the writ and oversee removal if the tenant refuses to leave voluntarily. Do NOT change locks or remove property yourself — this constitutes illegal self-help eviction in New Mexico.
Bernalillo County Eviction Filing Cost Breakdown
| Cost | Amount | Notes |
|---|---|---|
| Court Filing Fee | $80 | Paid to Bernalillo County Clerk of Court |
| Summons Service | $30 | Sheriff or process server fee |
| Writ of Possession | ~$26–$30 | Sheriff enforcement after judgment |
| Attorney (optional) | $750–$3000 | Recommended for contested cases |
Frequently Asked Questions — Bernalillo County Evictions
How long does an eviction take in Bernalillo County?
The typical Bernalillo County eviction takes 4–6 weeks from serving the initial notice to enforcement — assuming the tenant does not contest. A contested eviction can take significantly longer. Bernalillo County has stronger tenant protections that can extend the timeline.
How much does it cost to file an eviction in Bernalillo County?
The court filing fee in Bernalillo County is $80. Additional costs typically include: process service or sheriff fee ($30), Writ of Possession enforcement (~$26–$30), and attorney fees if represented ($750–$3000). Total out-of-pocket without an attorney is typically $136–$140.
What court handles evictions in Bernalillo County?
Evictions in Bernalillo County are filed at the Second Judicial District Court, located at 400 Lomas Blvd. NW, Albuquerque, NM 87102. The case type is filed as a Petition for Restitution (Eviction).
Can I file an eviction online in Bernalillo County?
Bernalillo County does not currently offer online filing for eviction cases. You must file in person at the Second Judicial District Court.
Do I need a lawyer to evict a tenant in Bernalillo County?
New Mexico law allows landlords to represent themselves in eviction court. However, having an attorney reduces the risk of procedural dismissals and improves outcomes, especially in contested cases.
What happens if the tenant doesn't leave after the eviction judgment in Bernalillo County?
After a judgment in your favor, request a Writ of Possession from the court. The Bernalillo County Sheriff's office will then execute the writ — notifying the tenant to vacate, and physically removing them if they refuse. Do NOT attempt to remove the tenant yourself; self-help eviction is illegal in New Mexico.
See full New Mexico eviction laws and notice requirements.
New Mexico Eviction Guide for Landlords →Download the eviction notice you must serve before filing in New Mexico.
New Mexico Eviction Notice Templates →Is your tenant facing eviction in Bernalillo County? See their rights.
Tenant Rights in Bernalillo County →Relevant New Mexico Statutes
- Primary eviction statute: NMSA § 47-8-33
- This guide is for informational purposes only. Laws change — verify with current New Mexico statutes or a licensed Bernalillo County attorney.