New Mexico Security Deposit: Your Deadline and Next Step

In New Mexico, the landlord must return the deposit within 30 calendar days. The clock starts after the required dates below; the landlord must return the deposit or send an itemized list (N.M. Stat. Ann. § 47-8-18). Most states allow 30 days; New Mexico is the same.

Last checked 2026-07-14

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Details of the return rules
New Mexico statutory deadlines
When it appliesDeadlineStarts from
Deposit return30 daysafter the date of termination of the rental agreement or resident departure, whichever is later

New Mexico return rule: 30 calendar days. Check the dates you entered above.

Key facts

Deadline30 calendar days
Deadline triggerafter the date of termination of the rental agreement or resident departure, whichever is later
Penalty formulafailure to provide written statement of deductions and balance within 30 days: forfeit right to withhold any portion of deposit, forfeit counterclaim in deposit-recovery action, liability for court costs and reasonable attorney fees, and forfeit independent damage action against resident; additional $250 civil penalty if owner retains deposit in bad faith
Bad faith requiredNo
Itemization requiredYes
Interest on depositConditional: Required only when, under an annual rental agreement, the owner demands or receives a deposit greater than one month's rent: annual interest equal to the passbook interest permitted to savings and loan associations in New Mexico by the federal home loan bank board. No interest mandate for deposits of one month or less.
Maximum depositFor rental agreements of duration less than one year: not more than one month's rent. For annual rental agreements: no fixed multiple-of-rent statutory cap, but if deposit exceeds one month's rent the owner must pay annual passbook interest (federal home loan bank board rate for S&Ls in New Mexico).
Forwarding address requiredNo
Small claims limit$10,000 (Magistrate Court / Metropolitan Court civil (NMSA 35-3-3 / 34-8A-3)) in Magistrate Court or Metropolitan Court (Bernalillo County)
Statute citationN.M. Stat. Ann. § 47-8-18

The landlord says you owe more than the deposit. What now?

Answer the landlord in writing and identify each disputed charge. Choose the "My landlord says I owe more" tab above. Ask for an itemized explanation and keep your response in writing.

A debt collector's notice and a credit report dispute have separate federal rules. Check whether those situations apply to you:

A debt collector's validation notice must state that the debt is assumed valid unless you dispute it within 30 days after receiving the notice. 15 U.S.C. § 1692g(a)(3): unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector

If you dispute the debt in writing within that 30-day period, the collector must stop collecting the disputed part until it mails you verification. 15 U.S.C. § 1692g(b): If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt

If a disputed debt appears on your credit report, you can dispute it with the credit reporting agency, which must reinvestigate free of charge. 15 U.S.C. § 1681i(a)(1)(A): if the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation

What can a landlord deduct in New Mexico?

New Mexico law names a specific rule for 1 of 6 common charges (unpaid rent and fees). For the others, the general wear-and-tear rule applies.

Common deposit deductions in New Mexico
ChargeCan the landlord deduct it?RuleCitation
CleaningOnly if the cited general rule permits the chargeGeneral rule: normal wear and tear cannot be chargedN.M. Stat. Ann. § 47-8-18
Carpet replacementOnly if the cited general rule permits the chargeGeneral rule: normal wear and tear cannot be chargedN.M. Stat. Ann. § 47-8-18
PaintingOnly if the cited general rule permits the chargeGeneral rule: normal wear and tear cannot be chargedN.M. Stat. Ann. § 47-8-18
Nail holes and wall damageOnly if the cited general rule permits the chargeGeneral rule: normal wear and tear cannot be chargedN.M. Stat. Ann. § 47-8-18
Pet damageOnly if the cited general rule permits the chargeGeneral rule: normal wear and tear cannot be chargedN.M. Stat. Ann. § 47-8-18
Unpaid rent and feesYesUpon termination, deposits may be applied to the payment of rent and damages from noncompliance with the rental agreement or § 47-8-22. The owner may…NMSA 1978 § 47-8-18(C)

I never did a move-in inspection. How do I prove the condition?

Collect move-out photos, messages, witnesses, and repair invoices. Put them in date order before responding.

Where do you file if the letter does not work?

Small claims court in New Mexico hears claims up to $10,000. You can ask for up to $10,000 there, or file for the full amount in Magistrate Court or Metropolitan Court (Bernalillo County). Check the court and fees.

The state record lists a 6-year period to sue. Check when your claim accrued before counting from it.

County small claims courts

CountyCourt and cityLimitFiling feeE-filingCourt link
BernalilloBernalillo County Metropolitan Court, Albuquerque$10,000Statewide filing fee: Confirm current filing and service fees with the court clerk.Not verifiedOfficial court website
Court page check not recorded
Doña AnaDoña Ana County Magistrate Court, Las Cruces$10,000Statewide filing fee: Confirm current filing and service fees with the court clerk.Not verifiedOfficial court website
Court page check not recorded
Santa FeSanta Fe County Magistrate Court, Santa Fe$10,000Statewide filing fee: Confirm current filing and service fees with the court clerk.Not verifiedOfficial court website
Court page check not recorded

See all 33 county small claims courts and filing fees

New Mexico security deposit interest rules and calculator

What happens if the landlord misses the deadline?

failure to provide written statement of deductions and balance within 30 days: forfeit right to withhold any portion of deposit, forfeit counterclaim in deposit-recovery action, liability for court costs and reasonable attorney fees, and forfeit independent damage action against resident; additional $250 civil penalty if owner retains deposit in bad faith Keep statutory damages separate from the deposit and other actual damages.

New Mexico is one of 10 states where the law names another remedy, such as forfeiture, fees, or damages.

How does New Mexico's deadline compare with other states?

New Mexico's return deadline is 30 days. The middle of the comparable state deadlines is ≈30 days. Use the dates and questions above to see which deadline applies to you.

Strip plot · New Mexico · return deadline · 30 days vs ≈30 day median · verified 2026-07-14
Primary return rules from state statute records.
New Mexico and nearby deadlines
StateReturn rule
New Mexico30 days
Colorado30 days
Georgia30 days
Iowa30 days
Louisiana30 days
Maine30 days
See all 51 jurisdictions
All state return rules
StateReturn rule
Montana10 days
Alaska14 days
Arizona14 days
Hawaii14 days
Kansas14 days
Nebraska14 days
New York14 days
Vermont14 days
Florida15 days
Delaware20 days
Rhode Island20 days
California21 days
Connecticut21 days
Idaho21 days
Minnesota21 days
South Dakota21 days
Wisconsin21 days
Colorado30 days
Georgia30 days
Iowa30 days
Louisiana30 days
Maine30 days
Massachusetts30 days
Michigan30 days
Missouri30 days
Nevada30 days
New Hampshire30 days
New Jersey30 days
New Mexico30 days
North Carolina30 days
North Dakota30 days
Ohio30 days
Pennsylvania30 days
South Carolina30 days
Texas30 days
Utah30 days
Washington30 days
Wyoming30 days
Oregon31 days
District of Columbia45 days
Illinois45 days
Indiana45 days
Maryland45 days
Mississippi45 days
Oklahoma45 days
Virginia45 days
Alabama60 days
Arkansas60 days
West Virginia60 days
KentuckyNo fixed return deadline
TennesseeNo fixed return deadline

Source: state statute records · checked 2026-07-14 · n=48 fixed rules among 51 jurisdictions · method: first listed return deadline; calendar months plotted as ≈30 days · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6

FAQ

How do I confirm the New Mexico deadline?

Use the questions above to match your dates to N.M. Stat. Ann. § 47-8-18, and keep proof of each date.

What is the small claims limit in New Mexico?

See the applicable court limits and jurisdictions in the state court guide. New Mexico court guide

City data on this page currently includes Albuquerque, Las Cruces, Rio Rancho, Santa Fe, Roswell, Farmington, Hobbs, Clovis.

Tenant resources

What's next?

What to do if there is no response · How to send your letter · How to write a demand letter

Statute text, sources and changes

Statute says

In the event actual cause exists for retaining any portion of the deposit, the owner shall provide the resident with an itemized written list of the deductions from the deposit and the balance of the deposit, if any, within thirty days of the date of termination of the rental agreement or resident departure, whichever is later. The owner is deemed to have complied with this section by mailing the statement and any payment required to the last known address of the resident. ... If the owner fails to provide the resident with a written statement of deductions from the deposit and the balance shown by the statement to be due, within thirty days of the termination of the tenancy, the owner: (1) shall forfeit the right to withhold any portion of the deposit; (2) shall forfeit the right to assert any counterclaim in any action brought to recover that deposit; (3) shall be liable to the resident for court costs and reasonable attorneys' fees; and (4) shall forfeit the right to assert an independent action against the resident for damages to the rental property. An owner who in bad faith retains a deposit in violation of this section is liable for a civil penalty in the amount of two hundred fifty dollars ($250) payable to the resident.

N.M. Stat. Ann. § 47-8-18

What this means

Sources

Download these values (CSV)

Changes

  • : Record verified against the cited statute.

Verified 2026-07-14 · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6