New Mexico security deposit law
Security Deposit Laws in New Mexico
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When did you move out?
This is the one that matters. Your clock starts the day you handed back the keys — not the day your landlord replies.
Statute-verified in 50 U.S. jurisdictions and counting — everywhere else, a specialist prepares your case by hand until verification clears.
New Mexico security deposit return timeline
Deadline to return
30 days
Statute
NMSA 1978 § 47-8-18(C) (deadline); § 47-8-18(D), (E) (penalties)
If cause exists to retain any portion of the deposit, the owner must provide an itemized written list of deductions and the balance of the deposit within 30 days of the date of TERMINATION OF THE RENTAL AGREEMENT or RESIDENT DEPARTURE, WHICHEVER IS LATER — do not compute the deadline from move-out alone if the agreement terminated afterward. The owner is deemed to have complied by mailing the statement and any payment to the resident's last known address; no tenant demand or forwarding-address delivery is required. Deposit caps: for agreements under one year, no more than one month's rent; annual agreements with a deposit above one month's rent owe annual passbook-rate interest (§ 47-8-18(A)).
What can a landlord legally deduct in New Mexico?
Allowed
- ✓Payment of rent
- ✓Damages suffered by reason of the resident's noncompliance with the rental agreement or § 47-8-22 NMSA 1978
- ✓Nonpayment of utilities, repair work, or other legitimate damages
Not allowed
- ✗Normal wear and tear — "No deposit shall be retained to cover normal wear and tear."
What if your landlord keeps your deposit wrongfully in New Mexico?
An owner who fails to provide the written statement and balance within 30 days FORFEITS the right to withhold ANY portion of the deposit, forfeits the right to counterclaim in the tenant's recovery action, is liable for court costs and reasonable attorneys' fees, and forfeits the right to bring an independent damages action (§ 47-8-18(D)). An owner who in bad faith retains a deposit is additionally liable for a $250 civil penalty payable to the resident (§ 47-8-18(E)). No general doubling multiplier.
How TenantNex helps
- 1. Tell us your move-out date, deposit amount, and landlord's address — two minutes.
- 2. We generate a demand letter citing NMSA 1978 § 47-8-18(C) (deadline); § 47-8-18(D), (E) (penalties) and your exact deadline.
- 3. We mail it to your landlord via USPS Certified Mail with return receipt.
- 4. You track delivery on your case page, with day-7 and day-14 follow-up.
$39 per case — founding price, one flat fee, no subscription.
New Mexico tenant rights resources
- HUD — tenant rights and resources
- Find your state's consumer protection / Attorney General office
- Key statute: NMSA 1978 § 47-8-18(C) (deadline); § 47-8-18(D), (E) (penalties) — verified against the official text on 2026-09-07.
Every fact on this page is verified against New Mexico's official statutory text as of 2026-09-07. TenantNex is not a law firm and this is not legal advice. For complex disputes, consult a licensed attorney in New Mexico.
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30 days
New Mexico law sets this deadline — your landlord must return your deposit or itemize deductions by then.
If they wrongfully withhold
An owner who fails to provide the written statement and balance within 30 days FORFEITS the right to withhold ANY portion of the deposit, forfeits the right to counterclaim in the tenant's recovery action, is liable for court costs and reasonable attorneys' fees, and forfeits the right to bring an independent damages action (§ 47-8-18(D)). An owner who in bad faith retains a deposit is additionally liable for a $250 civil penalty payable to the resident (§ 47-8-18(E)). No general doubling multiplier.
NMSA 1978 § 47-8-18(C) (deadline); § 47-8-18(D), (E) (penalties) — verified against the official statute 2026-09-07
Your 30 days started the day you moved out — that clock is running right now whether or not your landlord acts.
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Used by renters in 4 states — 18 people in the past two weeks found out exactly what they're owed this way.
We don't stop at mailing it. If your landlord doesn't respond, we follow up at day 7 and day 14 — and help you build the evidence and paperwork for small claims if it comes to that. Real result: we helped Kathleen A. (Ohio) recover her full $3,000 deposit this way.
Pay once. We handle the rest.
One case, one price — the letter, the certified mailing, the tracking, and the follow-up. No subscription, no recurring anything.
| Option | Price | Effort | Follow-up |
|---|---|---|---|
| Do it yourself | — | All of it | You chase |
| TenantNex | $39 | Done for you | We chase |
| Small-claims services | $149–448 | — | — |
| Hire an attorney | $300–2,000+ | — | — |
An attorney starts at $300. Filing services charge $149 for the letter alone. We prepare the whole claim for $39.
Recover
We run your claim until you are paid — or you are ready to file.
- Step 1 — certified demand letter citing your state statute, deadline and penalty
- Mailed USPS Certified with return receipt, tracked to your landlord’s door
- Step 2 — day-14 notice of intent to file, the one most landlords act on
- Step 3 — your small-claims packet: the right form for your county, filled in
- Where to file, what it costs, and how to serve your landlord
- Evidence checklist, with your certified receipt as Exhibit A
- Counter-response letter if your landlord disputes or underpays
- Attorney referral if it is still unresolved after 21 days
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What TenantNex is — and isn't
TenantNex is not a law firm. We prepare and send correspondence using publicly available state statutes. We do not provide legal advice, legal representation, or guarantee any outcome. For complex legal matters, consult a licensed attorney in your state.