New Mexico security deposit law

Your questions about getting a deposit back in New Mexico

Ten questions New Mexico renters ask most, each answered against New Mexico law. Start anywhere.

• How long does a landlord have to return a security deposit in New Mexico?New Mexico law gives your landlord 30 days after move out to return your deposit, with an itemized statement of any deductions, under N.M.S.A. § 47-8-18. Miss the deadline and the landlord loses legal ground and can owe the deposit amount again in damages.
• What should I do if my landlord won't return my deposit in New Mexico?Build the paper trail: confirm your forwarding address in writing, then send a demand letter by certified mail citing N.M.S.A. § 47-8-18 and the 30 days deadline. A statute-cited demand is the step that moves most cases, and it sets up Magistrate Court if needed.
• Can I sue my landlord over my security deposit in New Mexico?Yes. Magistrate Court in New Mexico handles deposit disputes up to $10,000, no lawyer required. But send a formal demand letter first: it is the step judges expect, and it resolves most cases before filing.
• What can a landlord deduct from a security deposit in New Mexico?In New Mexico, generally only unpaid rent, damage beyond normal wear and tear, and other charges the lease and N.M.S.A. § 47-8-18 actually allow, each listed in an itemized statement. Ordinary wear, worn carpet, faded paint, small nail holes, cannot be charged to you.
• Can I get more than my deposit back in New Mexico?Often, yes. New Mexico law allows statutory damages equal to the deposit for wrongful withholding under N.M.S.A. § 47-8-18, on top of the deposit itself.
• What if my landlord never sent an itemized statement in New Mexico?That is a violation in New Mexico: N.M.S.A. § 47-8-18 requires an itemized statement of deductions within 30 days, and it strips the landlord's justification for withholding.
• What counts as normal wear and tear in New Mexico?The deterioration of normal living: worn carpet paths, faded paint, minor scuffs, small nail holes. In New Mexico, landlords cannot deduct for it under N.M.S.A. § 47-8-18; they can only charge for damage beyond it.
• Can my landlord charge me more than my security deposit in New Mexico?Only for documented damage that genuinely exceeds the deposit, with itemization and proof. In New Mexico, a bill beyond your deposit for routine cleaning or ordinary wear is challengeable the same way a withheld deposit is.
• Do I need a lawyer to get my security deposit back in New Mexico?No. New Mexico deposit disputes are built for self-representation: a statute-cited demand letter resolves most cases, and Magistrate Court handles the rest up to $10,000 without attorneys.
• How do I write a security deposit demand letter in New Mexico?Cite N.M.S.A. § 47-8-18, state the 30 days deadline and the date it passed, itemize the amount owed, set a 10 to 14 day response date, and send it certified mail. Specific beats angry: the statute does the threatening for you.