Landlord kept your deposit in New Mexico? Find your next step.
No refund, only part of your money back, or charges you disagree with? Start with what you received, then build a response using your records and New Mexico law.
Analysis free · Full case package $29-$49, one time · mailing optional
The deadline check is optional. See what you get
What do you need help with?
Open the situation that fits. Each route gives you something to check, something to keep, and a next step.
I received nothingNo refund and no list of deductions.
Check the trigger, then the date. Itemized written list of deductions and the balance due within 30 days of termination or resident departure, whichever is later.
Keep: your deposit payment, move-out or key-return record, forwarding-address notice and any earlier written request. These establish the timeline behind your demand.
Analyze my missing refund - free →I received part of my depositSome money came back. Find out what explains the difference.
Reconcile the refund. Compare the original deposit, what was returned and each deduction. Separate charges you accept from charges you dispute.
Check the amount they kept - free →Enter the refund and deductions in the case builder. You do not need a separate worksheet first.
The New Mexico accounting rule: If actual cause exists to retain any portion, the owner must give an itemized written list of deductions with the remaining balance within the 30-day window (§ 47-8-18(C)).
Check interest too. Annual leases with a deposit over one month's rent: passbook-rate interest payable annually (N.M. Stat. § 47-8-18(A)).
Keep: the refund record, deduction list and notice envelope or delivery record. If money is still unexplained, identify that gap in your written request.
I disagree with the deductionsYou have a charge list, whether or not a refund arrived.
Respond to the specific charges. Note each amount, why you dispute it, and which photo, message or record supports your position. Check the notice instructions above before choosing how and when to reply.
Check my deductions - free →The records rule in New Mexico: No receipt, escrow, or bank-account requirement; the statute regulates amount, interest, and return - and § 47-8-18(C) expressly bars retaining any part of the deposit to cover normal wear and tear.
No move-in photos? Use an inventory checklist, inspection report, dated repair request, messages or witness accounts to explain the condition.
I already sent a demandThe landlord has not paid, or the dispute is still unresolved.
Compare the accounting and refund with the later triggering date. Keep any evidence about the actual cause and amount of retained charges.
See the New Mexico court route →Keep: your sent demand, delivery record and any reply. Use the court guide to check where to file, which forms to use, and the filing and service costs.
Turn the dispute into a documented demand
- Free: understand your dispute
- Add your refund, charges and records. Get a charge-by-charge analysis of the deposit rules and potential remedies under N.M. Stat. Ann. § 47-8-18.
- Optional: your case documents, $29-$49
- Your demand letter, damages summary and evidence checklist, ready to review and send with your records. Mailing is optional and costs extra.
One charge, backed by a reason and records
Fictional New Mexico example. Assumes coverage under the cited law; not a customer outcome.
- The charge
- Repainting ordinary wall scuffs: $900
- Records to attach
- move-in photos and move-out photos
Open PDF ↗In the generated letter
Ordinary wear and tear - not deductible. Repainting after a tenancy is ordinary wear and tear unless the walls were damaged beyond normal use (large holes, unauthorized colors). Dated move-in and move-out photos help distinguish ordinary wear from tenant-caused damage.
Prefer to write it yourself? Use the free New Mexico letter template.
Before you call the refund late
Itemized written list of deductions and the balance due within 30 days of termination or resident departure, whichever is later.
N.M. Stat. Ann. § 47-8-18 (UORRA); fees § 47-8-48 ↗Deposit statute reviewed August 2026. Review dates refer to the cited rules.
Check the return timeline
Optional date estimate. Read the start conditions above; a passed date alone does not establish a violation. Your date and deposit amount carry into the free analysis.
Already know the dates? Go straight to the refund and charges.
Continue to my free analysis →Questions before your next step
What should I do first if my landlord kept my deposit in New Mexico?
Check the statutory deadline. Itemized written list of deductions and the balance due within 30 days of termination or resident departure, whichever is later. Save your move-out records, any refund and the itemized statement. Compare them with the deadline and deduction rules below.
Do I need a lawyer to get my deposit back in New Mexico?
You can write a demand yourself. If you consider a court claim, magistrate court (limit: $10,000) is designed for self-represented tenants - filing fees run about $72-$77.
What happens if my landlord doesn't return my security deposit in 30 days in New Mexico?
Missing the 30-day statement forfeits the right to withhold any portion, forfeits counterclaims and any independent damage action, and makes the owner liable for court costs and attorney fees (§ 47-8-18(D)).
Am I owed interest on my deposit in New Mexico?
In at least some cases, yes. Annual leases with a deposit over one month's rent: passbook-rate interest payable annually (N.M. Stat. § 47-8-18(A)).
What can I ask to recover in a New Mexico deposit dispute?
No multiplier: forfeiture-based consequences plus costs and reasonable attorney fees; bad-faith retention adds a flat $250 civil penalty payable to the resident (§ 47-8-18(E)). Some websites list a '2x' penalty for New Mexico - the statute contains no such language.
Read the full New Mexico deposit-law guide for the return, deduction and remedy rules.