Security Deposit Laws in New Mexico
How long does a landlord have to return a security deposit in New Mexico?
Under N.M. Stat. § 47-8-18, a landlord in New Mexico has 30 days after you move out to either return your full security deposit or provide an itemized statement of deductions along with any remaining balance.
Important New Mexico-specific details
Deposits over 1 month only allowed for leases over 1 year.
What happens if the landlord misses the deadline in New Mexico?
Missing the deadline has real consequences for landlords in New Mexico. Under the statute, the penalty is: Tenant may recover wrongfully withheld amount.
In practice, this means if your landlord doesn't return the deposit (or a proper itemized statement) within 30 days, you likely have a strong case in small claims court.
What can the landlord legally deduct from your deposit in New Mexico?
New Mexico law generally allows landlords to deduct for:
- Unpaid rent
- Damage to the unit beyond normal wear and tear — holes in walls, broken fixtures, stains, pet damage
- Cleaning costs, if the unit is left noticeably dirtier than at move-in
- Breach-of-lease costs, such as early termination fees where legally permitted
Landlords cannot deduct for normal wear and tear — faded paint, worn carpet from regular use, minor scuffs, or small nail holes from hanging pictures.
Calculator: check your deposit situation
Enter your move-out date and deposit amount below to see exactly when your landlord's deadline is — and whether they've already missed it.
Security Deposit Return Calculator
Find out when your landlord must return your deposit and what they're legally allowed to deduct.
What to do if your landlord won't return your deposit in New Mexico
- Send a demand letter by certified mail. Cite N.M. Stat. § 47-8-18 and the amount owed. Keep a copy and the delivery receipt.
- Give the landlord a reasonable response window — typically 7 to 14 days after the demand letter.
- File in small claims court. In most states you can sue for up to $5,000–$10,000 without a lawyer. Filing fees are usually $30–$75 and often recoverable as costs.
- Bring evidence. Lease, move-in and move-out photos, the demand letter, proof of delivery, and any communications with the landlord.
For a complete walkthrough, see our guide: What to Do If Your Landlord Won't Return Your Security Deposit.