Moovproof

New Mexico · NM

In New Mexico, a landlord must return a security deposit within 30 calendar days.

Return deadline
30 calendar days
Itemized statement
Required
Move-in condition list
Not required by statute
Maximum deposit
No statutory cap
Interest on deposit
Required

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).

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.

Check your deadlineDraft a demand letter

NMSA 1978 § 47-8-18 · source · verified 2026-07-10

General information, not legal advice. Statutes change and local rules vary — check your lease and your local law, or consult a tenant attorney or legal aid.