New Mexico security deposit law: know your rights.
Understand the return, deduction and notice rules in New Mexico. Check which conditions apply to your rental, then choose your next step.
Your deposit rights in New Mexico
- Return timing
- Itemized written list of deductions and the balance due within 30 days of termination or resident departure, whichever is later.
- Accounting for deductions
- 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)).
- Deposit interest
- Annual leases with a deposit over one month's rent: passbook-rate interest payable annually (N.M. Stat. § 47-8-18(A)).
Registry review: August 2026. Review dates refer to the cited rules, not an attorney review of your case.
Does this rule apply to your rental?
Check the type of tenancy, the lease and any local or housing-program rules before relying on the statewide summary.
N.M. Stat. Ann. § 47-8-18 (UORRA); fees § 47-8-48 ↗What starts the return clock?
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 ↗Check your return timing
Optional estimate from your move-out date. Read the start conditions above before treating that estimate as the return deadline. You can start the free analysis without completing this check.
Check what the landlord deducted
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.
Match each charge to the work alleged, the lease provision and the records supporting the amount. Keep refunds and charges you accept separate from those you dispute.
N.M. Stat. Ann. § 47-8-18 (UORRA); fees § 47-8-48 ↗What could you recover?
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.
Start with the unpaid amount you dispute. Any additional statutory recovery depends on the conditions in N.M. Stat. Ann. § 47-8-18(E), including applicable notice requirements.
N.M. Stat. Ann. § 47-8-18 (UORRA); fees § 47-8-48 ↗Put the rules to work
See how the rules fit your deposit dispute
Free analysis
Add the refund, charges and records. Review the deductions and possible remedies with an explanation tied to your facts.
Full case package $29-$49
Turn your case into a demand letter, organized exhibits and a next-step plan. Review the analysis before deciding to buy.
Your entered dates and deposit amount carry forward. Additional timing details are saved in case notes. The next step asks for the refund and charges so you can build on this check.
Choose your next step
Small-claims limit: $10,000. Filing: ~$72-$77. The court guide explains the applicable limits and additional costs.
Questions about New Mexico deposit rights
How long does a New Mexico landlord have to return a security deposit?
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 ↗See the timing rules →What happens if my landlord does not follow the deposit return rules 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)). Keep proof of the dates, any refund, and the itemized statement.
N.M. Stat. Ann. § 47-8-18 (UORRA); fees § 47-8-48 ↗Understand the possible recovery →What accounting should I ask for in New Mexico?
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)). 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.
N.M. Stat. Ann. § 47-8-18 (UORRA); fees § 47-8-48 ↗What should I check about deposit interest in New Mexico?
Annual leases with a deposit over one month's rent: passbook-rate interest payable annually (N.M. Stat. § 47-8-18(A)).
N.M. Stat. Ann. § 47-8-18 (UORRA); fees § 47-8-48 ↗