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New Mexico Security Deposit Law: How Many Days and What to Do

In New Mexico, a landlord has 30 calendar days to return a security deposit. 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
Statute citationN.M. Stat. Ann. § 47-8-18

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

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 The statutory amount depends on the facts and any conditions in N.M. Stat. Ann. § 47-8-18; it is separate from the deposit owed.

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

Deposit penalty rules across the 50 states and DC
RuleStatesShare
The law sets a multiple of the deposit3671%
The law names another remedy (forfeiture, fees, damages) ← New Mexico1020%
Read the cited remedy; no multiple is set510%

Source: N.M. Stat. Ann. § 47-8-18 · checked 2026-07-14 · n=51 · method: computed from state records · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6

What do you have to do before you can claim the penalty?

Send the required information to start the clock.

    Does the deadline move if it falls on a weekend or holiday?

    New Mexico's general rule for counting legal time periods says: If the last day of the period is a Saturday, Sunday or legal holiday, the period ends on the next day that is not a Saturday, Sunday or legal holiday. (NMSA § 12-2A-7(F)). Whether a court applies it to a landlord's deposit deadline depends on the case, so this page does not move the deadline for you.

    To be safe: if the last day falls on a weekend or holiday, treat the deadline as passed only after the next business day. Example: October 10, 2026 is a Saturday, so wait until October 12, 2026 before saying the deadline has passed.

    What New Mexico law requires of the landlord

    The deposit return rule is 30 calendar days. The law also requires an itemized statement when deductions are made.

    Return window
    30 calendar days
    Itemization
    Required
    Receipts threshold
    No separate threshold recorded
    Interest
    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.

    Is interest owed on a deposit in New Mexico?

    New Mexico is one of 11 states where interest is owed only in some cases. Check interest and any local rule.

    Deposit interest rules across the 50 states and DC
    RuleStatesShare
    Required by state law36%
    Owed only in some cases ← New Mexico1122%
    Not required by state law3773%

    Source: N.M. Stat. Ann. § 47-8-18 · checked 2026-07-14 · n=51 · method: computed from state records · 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.

    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