New Mexico security deposit demand letter
Ask for your deposit with the New Mexico law behind your request. Download the free PDF or Word template, or fill in your dates and figures below.
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Before sending in New Mexico
Use the later of termination and departure
New Mexico's 30-day accounting period runs from termination of the rental agreement or your departure, whichever is later. Record both dates.
What records should support deductions?
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.
Make the free template yours.
Choose your situation, then add your figures. No account or payment. Unfilled details stay in brackets for you to edit.
Add names, addresses and sending details
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[Your name] [Your current mailing address] [Date] [Landlord or property manager name] [Address designated for notices] SENT VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED RE: Request for return of security deposit - [rental property address] Dear [Landlord]: I vacated the property on [move-out date] and paid a security deposit of $[deposit amount]. Under N.M. Stat. Ann. § 47-8-18: Itemized written list of deductions and the balance due within 30 days of termination or resident departure, whichever is later. REQUEST Please return $[amount requested] of my deposit to the mailing address above. Please explain any deductions you maintain and provide the itemized statement and supporting records required by the applicable law. If the statutory conditions are met, under N.M. Stat. Ann. § 47-8-18(E), your noncompliance forfeits the right to withhold my deposit and entitles me to costs and reasonable attorney fees, with bad-faith retention adding a $250 civil penalty payable to me. Please respond by [response date after any required notice or cure period]. This requested date does not shorten any applicable statutory notice or cure period. If this remains unresolved after the applicable requirements are satisfied, I intend to pursue the remedies available in magistrate court. Sincerely, [Your signature] Enclosures: [List the records you are actually attaching.]
Review your dates and the records behind each charge before signing. The free analysis can help you assess disputed deductions and possible additional recovery.
From a blank request to a documented demand
See what your case documents add.
The free editor fills in your facts. The analysis reviews your charges and applicable rules; your paid case documents bring together the letter, damages summary and organized evidence checklist.
One charge, made specific.
New Mexico example: repainting ordinary wall scuffs, $900. The example assumes the tenancy is covered by the cited law; no tenant result is implied.
A starting request
I disagree with the $900 charge for repainting ordinary wall scuffs. Please return that amount.
The free editor lets you add your own reasons and records.
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.
Records to attach: move-in photos and move-out photos.
State-law reference: N.M. Stat. Ann. § 47-8-18 (UORRA); fees § 47-8-48 ↗The amount stays tied to the facts: $1,100 withheld - $200 in accepted charges = $900 disputed in this sample.
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See the actual PDF pages
Open PDF to zoom ↗Sample New Mexico case. Letter and exhibit pages extracted from a generated case PDF. Your letter uses your own facts and state law.
Read the complete New Mexico sample letter
Fictional New Mexico case. Generated sample, not a court outcome or a substitute for your own letter.
Maya Patel (fictional tenant)
[Fictional current mailing address]
September 08, 2026
Daniel Reed (fictional landlord)
[Fictional landlord mailing address]
SENT VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
RE: Demand for return of security deposit - [Fictional New Mexico rental address]
Dear Daniel Reed (fictional landlord):
I vacated the above rental property on August 01, 2026 and paid a security deposit of $2,000.00. Under N.M. Stat. Ann. § 47-8-18 (New Mexico Security Deposit Law), the applicable return rule is: Itemized written list of deductions and the balance due within 30 days of termination or resident departure, whichever is later.
DISPUTED DEDUCTIONS
I dispute the following deductions under N.M. Stat. Ann. § 47-8-18 for the reasons below. Please provide the records supporting each disputed charge, including the work, cost, and condition at issue. For replacement charges, explain the item's age and how you calculated the amount charged:
• Repainting ordinary wall scuffs - $900.00
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.
I do not contest the following deductions, totaling $200.00: Unpaid rent balance ($200.00).
This demand does not cancel any accepted debt. Any separate claim or counterclaim must credit amounts already paid or retained toward that debt.
DEMAND
I demand payment of $900.00, the amount improperly withheld from my deposit.
This demand includes all interest accrued on my deposit, which state law requires: Annual leases with a deposit over one month's rent: passbook-rate interest payable annually (N.M. Stat. § 47-8-18(A)).
Please deliver payment to the address above no later than September 22, 2026 (14 days from the date of this letter). This requested date does not shorten any statutory notice or cure period. If this remains unresolved after the applicable notice, service and waiting requirements are satisfied, I intend to file suit in magistrate court. I have retained dated photographs of the property's condition, the lease, our correspondence, your itemized statement, the repair receipts you provided, and this demand letter.
Sincerely,
Maya Patel (fictional tenant)
Enclosures: Evidence exhibit listSend it with a record you can use.
Request the itemized written list and balance, identifying which charges concern ordinary wear or conditions present at move-in. Include your address and the evidence for each disputed amount.
N.M. Stat. Ann. § 47-8-18: return and accounting ↗What happens after sending?
Compare the accounting and refund with the later triggering date. Keep any evidence about the actual cause and amount of retained charges.
They refund some or all of it
Save the payment record and update what remains disputed. Read any settlement or release before agreeing to it.
They reject the request or explain the deductions
Match each explanation to your lease and condition records. Reply with the specific amounts and reasons still disputed.
The letter comes back or nobody responds
Keep the envelope or tracking record. Check the address and required service method before using the New Mexico filing guide. Attempted delivery may not complete statutory service.
Frequently asked questions
Which return deadline should my New Mexico letter refer to?
Itemized written list of deductions and the balance due within 30 days of termination or resident departure, whichever is later. 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)).
What penalties does New Mexico law allow if the withholding was wrongful?
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.
What happens if the landlord ignores the letter?
You can file in magistrate court (limit: $10,000; filing fees about $72-$77). Check required notices, filing deadlines and the court's rules before filing.
New Mexico filing steps and court forms →