How Long Does a Landlord Have to Return a Deposit in New Mexico?
In New Mexico, a landlord has 30 calendar days to return a security deposit. The deadline is measured from this trigger: After the date of termination of the rental agreement or resident departure, whichever is later. The verified penalty formula is 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 under N.M. Stat. Ann. § 47-8-18.
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 |
| Statute citation | N.M. Stat. Ann. § 47-8-18 |
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
Read the deadline, trigger, and penalty together. Match the date you can prove to the trigger above, then compare the landlord's response to the rule in N.M. Stat. Ann. § 47-8-18.
FAQ
Does Albuquerque have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable New Mexico law and local rules.
What happens if a landlord misses the New Mexico deposit deadline?
The verified penalty formula is 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 under N.M. Stat. Ann. § 47-8-18. Keep the move-out date, forwarding address records, and any itemized statement before you act.
Does a demand letter change the legal deadline?
No. The deadline is still 30 calendar days. The deadline trigger is After the date of termination of the rental agreement or resident departure, whichever is later. A letter documents the timeline and asks the landlord to resolve the deposit before the next step.
If the deadline passed
Send the letter that starts the clock and keeps the demand tied to the verified New Mexico deadline.
build a New Mexico demand letter
If the landlord stays silent, review landlord ignoring the deadline before choosing the next step.