Demand Letter Lab

New Mexico Small Claims for a Security Deposit: Where to File, What It Costs, Does It Fit

In New Mexico, a security deposit claim is heard by Magistrate Court or Metropolitan Court (Bernalillo County); the court for your county is listed below. The comparable deposit claim limit is $10,000. No comparable fee amount in our county data; see the official fee schedule. Pick your county, calculate your deadline, then send a dated letter.

State law last checked .

Filing facts

CourtMagistrate Court or Metropolitan Court (Bernalillo County) · Court source
Listed limits and jurisdictions$10,000 (Magistrate Court / Metropolitan Court civil (NMSA 35-3-3 / 34-8A-3) only)
Comparable deposit claim limit$10,000
Time limit to sue, from state data6 years; check when the claim accrued before counting from it.
Listed county filing feesNo comparable fee amount in our county data; see the official fee schedule.
E-filing0 yes, 0 no, 33 unverified among 33 listed counties
State deposit return deadline
  • 30 calendar days after the date of termination of the rental agreement or resident departure, whichever is later.
Deposit statuteN.M. Stat. Ann. § 47-8-18

Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.

Which county is the rental in?

Does your claim fit the limit?

Enter the amount you would ask the court to award.

The comparable claim limit ranks 22 among 45 jurisdictions with a comparable amount; median $10,000. Ties share a rank. Computed from state data, not measured.

From a letter to court

  1. Calculate the return date and send a letter using your own move-out date, deposit and state conditions.
  2. Keep the letter, delivery proof, lease, payment records and photos.
  3. Use your county guide and court's official instructions to check the filing location and fee.

Calculate your deadline and next letter

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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.

Free New Mexico template, built from verified state data

Methodology: every statute verified against primary sources. See how verification works.

I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under New Mexico law (N.M. Stat. Ann. § 47-8-18), a landlord must return the deposit or send a written, itemized list of deductions within 30 calendar days after the date of termination of the rental agreement or resident departure, whichever is later.

Free dated DOCX by email. Print-ready state PDF kit: $29. Letter preparation and mailing: $49.

How to file

Forms: Court forms and filing information

File online: Varies by county

Statewide filing fee: Civil docket fee NMSA 1978, § 35-6-1 $72.00; mediation fee on small claims $5.00 (Metropolitan Court schedule).

How papers are served:

  • constable or sheriff
  • private process server

Attorneys allowed: Yes

Civil Docket Fee: To be collected prior to filing any civil lawsuit. NMSA 1978, § 35-6-1 .................. $72.00 Mediation Fee: To be collected upon filing small claims lawsuits. NMSA 1978, § 35-6-1 ................ $5.00

Official source · Accessed

Who do you name in the claim?

Compare the name on the lease and deposit receipt with the property record and the New Mexico Secretary of State. A registered agent receives papers for a company; it is not the defendant. Confirm the defendant with the court or legal aid.

What to bring to the clerk

  • Lease and deposit receipt or payment record.
  • Demand letter and proof of delivery.
  • Move-out photos, inventory and any itemized deductions.
  • Your calculation and the cited deposit statute.

What you can recover

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.

This is class P2, found in 10 of 51 jurisdictions. Computed from cited state records, not measured outcomes.

Statute says

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; ... 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

Tenant resources

FAQ

Which court handles a security deposit claim in New Mexico?

Magistrate Court or Metropolitan Court (Bernalillo County). Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.

What is the deposit claim limit in New Mexico?

The comparable general deposit claim limit is $10,000. Check the court and claim type that applies.

What is the return deadline in New Mexico?

30 calendar days

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