Is Airbnb legal in Albuquerque, NM?

Restricted

Airbnb is restricted in Albuquerque, NM

Every STR unit needs a permit and a designated local property manager, with occupancy capped at two adults per bedroom. There is no primary-residence rule and no annual night cap. A city lodgers tax applies. Reported per-owner and citywide permit caps could not be confirmed from an official page.

Ordinance O-20-30 (ROA 1994 13-19)View the ordinance

Verified July 2026. Not legal advice. Rules change and may be enforced differently than written. Confirm with the city before you list.

Key rules at a glance

Permit or registration

Required

Primary residence only

No

Annual night cap

Not confirmed

Registration fee

$120

How short-term rentals work in Albuquerque

Every STR unit needs a permit and a designated local property manager, with occupancy capped at two adults per bedroom. There is no primary-residence rule and no annual night cap. A city lodgers tax applies. Reported per-owner and citywide permit caps could not be confirmed from an official page.

Non-owner investors can operate in Albuquerque, but within the city's limits above. Read the ordinance closely before you buy, because permits, caps, or zoning can make a specific property ineligible.

What it means for investors

An STR can still work in Albuquerque, but the limits shrink the pool of eligible properties and add compliance cost. Underwrite conservatively and confirm the specific address qualifies before you commit.

Last reviewed July 2026. Informational and educational only, not legal advice, and no attorney-client relationship is created. Rules change and may be enforced differently than written. Verify the current ordinance with your local jurisdiction or counsel before acting.

Frequently asked questions

Is Airbnb legal in Albuquerque?

Every STR unit needs a permit and a designated local property manager, with occupancy capped at two adults per bedroom. There is no primary-residence rule and no annual night cap. A city lodgers tax applies. Reported per-owner and citywide permit caps could not be confirmed from an official page. This reflects the rules as of July 2026; confirm the current ordinance with the city before you list.

Do I need a permit to run a short-term rental in Albuquerque?

Yes. Albuquerque requires a permit or registration to operate a short-term rental, and platforms increasingly require the permit number on the listing.

Can I run a non-owner-occupied Airbnb in Albuquerque?

Yes, Albuquerque does not require you to live in the property, though other limits such as caps, zoning, or licensing may still apply.

Is there a limit on how many nights I can rent in Albuquerque?

No specific annual night cap was confirmed for Albuquerque, though minimum-stay rules or license caps may effectively limit operations. Check the ordinance.

What taxes apply to a short-term rental in Albuquerque?

Short-term rentals in Albuquerque are generally subject to state and local lodging or occupancy taxes on top of income tax. Airbnb and VRBO collect some of these automatically, but not always all of them, so confirm the current rate and who remits it with New Mexico and the city.