New Mexico Security Deposit Law
New Mexico landlords must return security deposits within 30 days under N.M. Stat. § 47-8-18. Violations result in damages up to 2× the wrongfully withheld amount plus attorney's fees.
Key Facts — New Mexico
- Return deadline
- 30 days after move-out
- Governing statute
- New Mexico Statutes § 47-8-18
- Short citation
- N.M. Stat. § 47-8-18
- Penalty for violation
- damages up to 2× the wrongfully withheld amount plus attorney's fees
- Small claims court limit
- $10,000
Generate your demand letter
We generate a formal security deposit demand letter citing N.M. Stat. § 47-8-18 with the exact penalty language. Most landlords respond within 14 days of receiving a formal letter.
Frequently Asked Questions
How many days does a landlord have to return a security deposit in New Mexico?
Under N.M. Stat. § 47-8-18, a New Mexico landlord must return the security deposit — along with an itemized list of any deductions — within 30 days of the tenant vacating the property.
What happens if a New Mexico landlord keeps my deposit illegally?
If your landlord fails to return the deposit within 30 days without a valid reason, damages up to 2× the wrongfully withheld amount plus attorney's fees. You can pursue this in New Mexico small claims court (limit: $10,000).
Can a landlord in New Mexico deduct for normal wear and tear?
No. New Mexico law, like all US states, prohibits landlords from deducting for normal wear and tear — routine scuffing, minor carpet wear, and faded paint are the landlord's cost of doing business, not the tenant's.
How do I send a security deposit demand letter in New Mexico?
Generate a demand letter citing N.M. Stat. § 47-8-18, sign it, and send via USPS Certified Mail with Return Receipt to your landlord. The certified mail receipt creates a legal paper trail and proves delivery. Give the landlord 14 days to respond before filing in small claims court.
Tenant rights tips — free
Security deposit guides, landlord dispute tactics, and more. One email per week.