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
| When it applies | Deadline | Starts from |
|---|---|---|
| Deposit return | 30 days | after 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
| Deadline | 30 calendar days |
|---|---|
| Deadline trigger | after the date of termination of the rental agreement or resident departure, whichever is later |
| Penalty formula | 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 |
| Bad faith required | No |
| Itemization required | Yes |
| Interest on deposit | Conditional: 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 deposit | For 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 required | No |
| 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 citation | N.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.
| Charge | Can the landlord deduct it? | Rule | Citation |
|---|---|---|---|
| Cleaning | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | N.M. Stat. Ann. § 47-8-18 |
| Carpet replacement | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | N.M. Stat. Ann. § 47-8-18 |
| Painting | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | N.M. Stat. Ann. § 47-8-18 |
| Nail holes and wall damage | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | N.M. Stat. Ann. § 47-8-18 |
| Pet damage | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | N.M. Stat. Ann. § 47-8-18 |
| Unpaid rent and fees | Yes | Upon 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
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| Bernalillo | Bernalillo County Metropolitan Court, Albuquerque | $10,000 | Statewide filing fee: Confirm current filing and service fees with the court clerk. | Not verified | Official court website Court page check not recorded |
| Doña Ana | Doña Ana County Magistrate Court, Las Cruces | $10,000 | Statewide filing fee: Confirm current filing and service fees with the court clerk. | Not verified | Official court website Court page check not recorded |
| Santa Fe | Santa Fe County Magistrate Court, Santa Fe | $10,000 | Statewide filing fee: Confirm current filing and service fees with the court clerk. | Not verified | Official 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.
| State | Return rule |
|---|---|
| New Mexico | 30 days |
| Colorado | 30 days |
| Georgia | 30 days |
| Iowa | 30 days |
| Louisiana | 30 days |
| Maine | 30 days |
See all 51 jurisdictions
| State | Return rule |
|---|---|
| Montana | 10 days |
| Alaska | 14 days |
| Arizona | 14 days |
| Hawaii | 14 days |
| Kansas | 14 days |
| Nebraska | 14 days |
| New York | 14 days |
| Vermont | 14 days |
| Florida | 15 days |
| Delaware | 20 days |
| Rhode Island | 20 days |
| California | 21 days |
| Connecticut | 21 days |
| Idaho | 21 days |
| Minnesota | 21 days |
| South Dakota | 21 days |
| Wisconsin | 21 days |
| Colorado | 30 days |
| Georgia | 30 days |
| Iowa | 30 days |
| Louisiana | 30 days |
| Maine | 30 days |
| Massachusetts | 30 days |
| Michigan | 30 days |
| Missouri | 30 days |
| Nevada | 30 days |
| New Hampshire | 30 days |
| New Jersey | 30 days |
| New Mexico | 30 days |
| North Carolina | 30 days |
| North Dakota | 30 days |
| Ohio | 30 days |
| Pennsylvania | 30 days |
| South Carolina | 30 days |
| Texas | 30 days |
| Utah | 30 days |
| Washington | 30 days |
| Wyoming | 30 days |
| Oregon | 31 days |
| District of Columbia | 45 days |
| Illinois | 45 days |
| Indiana | 45 days |
| Maryland | 45 days |
| Mississippi | 45 days |
| Oklahoma | 45 days |
| Virginia | 45 days |
| Alabama | 60 days |
| Arkansas | 60 days |
| West Virginia | 60 days |
| Kentucky | No fixed return deadline |
| Tennessee | No 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
- New Mexico Legal Aid - Housinglegal aid, 1-833-545-4357
- New Mexico Courts - Landlord-Tenant Self-Representationcourt self help, 855-268-7804
- New Mexico Department of Justice - Consumer Protectionag consumer in Santa Fe, 505-490-4060
- Disability Rights New Mexicolegal aid in Albuquerque, 800-432-4682
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.
What this means
Sources
- https://law.justia.com/codes/new-mexico/chapter-47/article-8/section-47-8-18/ · accessed 2026-07-14
- https://www.nmcompcomm.us/search-laws/ · accessed 2026-07-14
- https://newmexicolegalaid.org/file_download/1dd14e06-3393-4e84-83fc-037dbee2170f · accessed 2026-07-14
- https://selfrepresentation.nmcourts.gov/ · accessed 2026-07-14
Changes
- : Record verified against the cited statute.
Verified 2026-07-14 · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6