Home / States / New Mexico

New Mexico security deposit: 30 days to get it back

Within 30 days of the date of termination of the rental agreement or resident departure, whichever is later, the owner must give the resident an itemized written list of deductions and return any remaining deposit. Mailing it to the resident's last known address counts as compliance.

Double-check before you rely on this. Parts of this page come from legal-aid and other secondary summaries instead of the official statute text. Confirm the deadline and penalty in N.M. Stat. Ann. § 47-8-18, and check whether a local ordinance changes the rules.

What the law requires

Itemized statement: The owner must provide an itemized written list of deductions from the deposit. Deposits may be applied to unpaid rent, damages from the resident's noncompliance and other items the statute allows; normal wear and tear cannot be deducted. No receipt threshold appears in the section.
Forwarding address: No forwarding address is required to start the clock; the owner satisfies the statute by mailing the statement to the resident's last known address.
If the landlord breaks the rules: If the owner misses the 30-day written statement, the owner loses the right to withhold any part of the deposit and owes court costs and reasonable attorney's fees. An owner who retains a deposit in bad faith also faces a $250 civil penalty payable to the resident.
Loss of the right to deduct: Yes. If the owner does not give the written statement of deductions within 30 days, the owner forfeits the right to withhold any portion of the deposit, to assert counterclaims in an action to recover it, and to bring a separate action against the resident for property damage.
Deposit cap: For rental agreements shorter than one year, the deposit may not exceed one month's rent. For leases of one year or longer there is no fixed cap, but the deposit must be reasonable, and a deposit above one month's rent must earn annual interest at the passbook rate.
Small claims limit: $10,000 in Magistrate Court (small claims)
Statute: N.M. Stat. Ann. § 47-8-18 (Uniform Owner-Resident Relations Act)

Local rules

In Bernalillo County, deposit complaints can also be filed in Metropolitan Court (a court form exists for UORRA deposit complaints); its dollar limit was not verified.

If your landlord misses the deadline

Write down your dates and gather proof: move-out date, the date you gave your forwarding address, the deposit amount, and anything the landlord sent. Photos and receipts help.
Send a written demand by certified mail, keep the receipt, and cite N.M. Stat. Ann. § 47-8-18. Give a date to respond.
If you still aren't paid, file in Magistrate Court (small claims). Deposit claims up to $10,000 can be filed there, usually without a lawyer. Check the court's website for current filing fees and forms.

What a New Mexico demand letter looks like

Re: Demand for return of security deposit / Rental address: [Street address, unit, city, state ZIP]

Dear [Landlord name]:

I rented the property above from you under a lease that began on [lease start date]. I paid a security deposit of $[deposit amount] on [date paid]. I moved out and returned possession on [move-out date].

My forwarding address is [forwarding address]. Please send my deposit and any required statement to that address.

[A.] I have not received my deposit or an itemized statement of deductions. Under N.M. Stat. Ann. § 47-8-18, a landlord must return a tenant's security deposit, or send an itemized statement of any deductions, within 30 days after the tenant moves out. That deadline passed on [deadline date].

Preview of the first part of letter one. Yellow marks the parts you fill in.

Common questions

How long does a landlord in New Mexico have to return a security deposit?

What happens if a New Mexico landlord keeps the deposit wrongfully?

If the owner misses the 30-day written statement, the owner loses the right to withhold any part of the deposit and owes court costs and reasonable attorney's fees. An owner who retains a deposit in bad faith also faces a $250 civil penalty payable to the resident. Yes. If the owner does not give the written statement of deductions within 30 days, the owner forfeits the right to withhold any portion of the deposit, to assert counterclaims in an action to recover it, and to bring a separate action against the resident for property damage.

Do I have to give my New Mexico landlord a forwarding address?

No forwarding address is required to start the clock; the owner satisfies the statute by mailing the statement to the resident's last known address.

Where do I sue for my deposit in New Mexico?

Deposit claims up to $10,000 can be filed in Magistrate Court (small claims). Check the court's website for current filing fees and forms.

Other states

Rules reviewed October 2026. Laws change, so confirm with the statute before you rely on this page.