New Mexico · NM · updated 2026
In New Mexico, a landlord must return a security deposit within 30 calendar days
Quick answer
A New Mexico landlord has 30 calendar days after the tenancy ends or you leave, whichever is later to return your deposit or send an itemized list of deductions. Miss it in bad faith and the landlord can end up owing you more than the deposit itself.
Under New Mexico security deposit law, a New Mexico landlord has 30 calendar days to return your security deposit, counted from when the tenancy ends or you leave, whichever is later. By statute, New Mexico sets no statutory cap on how much a landlord can charge. If the landlord misses the deadline or keeps money you are owed, you can push back in writing and, if needed, in small claims court.
- Return deadline
- 30 calendar days
- Deadline counted from
- the tenancy ends or you leave, whichever is later
- Itemized statement
- Required
- Move-in condition list
- Not required by statute
- Maximum deposit
- No statutory cap
- Interest on deposit
- Required
Calculate your exact New Mexico deadline
Enter your move-out date to see the exact calendar date the deadline lands on. It runs on your device, so nothing you type is uploaded.
What a New Mexico landlord can deduct
- Unpaid rent and unpaid utilities you owe under the lease
- Repair of damage beyond ordinary wear and tear (not normal aging, fading, or minor marks)
- An itemized written statement of every deduction (New Mexico requires it, so ask for it in writing)
If the landlord withholds in bad faith
Failure to provide the itemized list forfeits the landlord's right to withhold any portion of the deposit and to counterclaim, and makes the landlord liable for the tenant's court costs and reasonable attorney's fees; bad-faith retention carries a separate $250 civil penalty payable to the resident (§47-8-18.D-E).
How to get your deposit back in New Mexico
- Document the unit's condition at move-out with dated photos of every room (a move-in / move-out checklist keeps it organized).
- Confirm your exact return deadline with the deadline calculator.
- If the deadline passes, send a written demand letter citing the statute and the amount owed.
- If it is still ignored, you can file in small claims court.
Common New Mexico deposit disputes
- The deadline passed and you have heard nothing
- Send a written demand letter citing the statute and the amount owed. Keep proof you sent it.
- You got money back but disagree with the deductions
- New Mexico requires an itemized statement, so ask for it in writing first, then dispute anything charged as ordinary wear and tear.
- You are still deciding whether the case is worth it
- Confirm the exact deadline below, gather your dated move-out photos, and read the penalty your state allows before you commit.
Frequently asked
- How long does a landlord have to return a security deposit in New Mexico?
- In New Mexico, a landlord must return a security deposit within 30 calendar days.
- How much can a landlord charge for a security deposit in New Mexico?
- New Mexico statute sets no maximum on the security deposit a landlord can charge.
- Can my New Mexico landlord keep my deposit for cleaning or normal wear?
- Deductions are generally limited to unpaid rent and damage beyond ordinary wear and tear. New Mexico requires the landlord to give an itemized statement of deductions.
- Does a New Mexico landlord have to pay interest on my deposit?
- Yes. New Mexico requires the landlord to pay interest on the security deposit.
- What if my New Mexico landlord wrongfully keeps my deposit?
- Failure to provide the itemized list forfeits the landlord's right to withhold any portion of the deposit and to counterclaim, and makes the landlord liable for the tenant's court costs and reasonable attorney's fees; bad-faith retention carries a separate $250 civil penalty payable to the resident (§47-8-18.D-E).
Capped at 1 month's rent for leases under 1yr (A(2)); no cap for 1yr+ leases, but interest required if deposit exceeds 1 month's rent (A(1)). Itemized statement due 30 days after termination/departure. No move-in checklist found. NM official site unreachable; verified via FindLaw+Justia.