Los Alamos County, New Mexico: Small Claims for a Security Deposit

Limits: $10,000 (Magistrate Court / Metropolitan Court civil (NMSA 35-3-3 / 34-8A-3) only). Court: Los Alamos County court that hears small claims.

Filing facts

State small claims limits	$10,000 (Magistrate Court / Metropolitan Court civil (NMSA 35-3-3 / 34-8A-3) only)
Statewide filing fee	Set by the court; call the clerk or check the court page. State court directory
E-filing	Not verified
Time limit to sue in New Mexico	6 years.
State deposit return deadline	30 calendar days 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.
Deposit statute	N.M. Stat. Ann. § 47-8-18

Where to file

Los Alamos County court that hears small claims

Courthouse city: Los Alamos

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.

State court directory

Link points to the state court directory

See how to file in New Mexico for the state filing procedure.

Rent and deposits in Los Alamos County

County median gross rent: $1,308 per month.

County median gross rent by bedroom count
Bedrooms	Monthly rent
Studio	$919
1 bedroom	$880
2 bedrooms	$1,563
3 bedrooms	$1,429
4 bedrooms	$2,509

Illustrative deposit example computed from the county median rent: one month of the Census two-bedroom median is $1,563; two months is $3,126. This is an example computed from the county median, not a legal cap or a survey of deposits. The calculations below use the one-month deposit of $1,563.

State legal maximum deposit in New Mexico: For rental agreements of duration less than one year: not more than one month's rent ($1,563 at the example rent). For annual rental agreements: no fixed multiple-of-rent statutory cap, but if deposit exceeds one month's rent ($1,563 at the example rent) the owner must pay annual passbook interest (federal home loan bank board rate for S&Ls in New Mexico).

Total households in Los Alamos County: 8,211.

Renter households: 2,090 (25.5% of all households).

Renters spending more than half their household income on rent: 1.2%. A delayed deposit refund can leave these households with less money for their next rent payment.

County rent and household source: U.S. Census Bureau, American Community Survey 2019-2023 5-Year Estimates, tables B25064, B25031, B25003, B25070. Accessed 2026-09-21.

Will my deposit claim fit the limit?

Using the county Census figure: two-bedroom median gross rent for Los Alamos County, $1,563 per month.

The deposit range does not include penalties, interest, or other amounts you may claim.

Compared with $10,000 (Magistrate Court / Metropolitan Court civil (NMSA 35-3-3 / 34-8A-3) only), the whole deposit range fits.

A claim above the applicable limit must either be reduced to that limit or go to a different court.

Statewide help

New Mexico Legal Aid
Free housing advice and representation for eligible residents, including evictions, subsidy termination and landlord-tenant disputes. Offices serve all New Mexico counties; most of San Juan county is covered by partner DNA People's Legal Services.
Phone: (833) 545-4357

These are independent organisations, not DemandLetterLab.

From letter to filing

Send a New Mexico security deposit demand letter stating the deposit amount supported by your records.
Before you file: review the deposit return deadlines above and allow the typical response window of 30 days after your letter.
Time limit to sue in New Mexico: 6 years.
Check the court's filing instructions. Keep your lease, payment records, photos, letter, and proof of delivery ready.

This template uses New Mexico law. Your county decides where you file, not which law applies.

Choose how to send your letter

We mail it, or you mail it.

$49, done for you.

We write the letter from the facts you send, mail it by USPS Certified Mail with tracking, and send you the tracking number and a PDF record of what was sent.

Mailed within 2 business days of your completed form, or a full refund.

Document preparation and mailing, not legal advice. We do not assess your claim, choose a strategy, or promise a recovery.

Write and mail my letter for $49

$29, you send it.

A print-ready PDF of the New Mexico letter template, ready to download after payment.

Certified-mail instructions: what to ask for at the counter and what it costs.
New Mexico small-claims details: the limit, the deadline to sue, and where to file.

You fill in the template, print it, and pay postage. The same letter template is also available free by email below. The kit adds the print-ready PDF, mailing guide, and local details in one place.

If you cannot access or use the kit files, contact us for a replacement or a full refund.

Get the New Mexico kit for $29

Self-help document service. No account is required on Demand Letter Lab.

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.

FAQ

How much does it cost to file in Los Alamos County?

Statewide filing fee: Set by the court; call the clerk or check the court page. State court directory

How long do I have to sue?

Time limit to sue in New Mexico: 6 years.

Where do I file?

Los Alamos County court that hears small claims. Courthouse city: Los Alamos. Check the court's instructions for the right filing location.