How to sue your landlord for a security deposit in New Mexico

A landlord may still pursue an unpaid accepted charge in a separate claim or counterclaim, so net recovery can be lower. Money already paid or retained toward that charge must be credited. The $200 rent balance retained in this sample is already excluded from the demand.

Fictional sample assuming the tenancy is covered by the cited law. Demonstrates generated documents, not a court outcome.

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 list

Charge-by-charge analysis

• Repainting ordinary wall scuffs: $900

  Ordinary wear and tear - not deductible

  Evidence: move-in photos and move-out photos. Source: N.M. Stat. Ann. § 47-8-18 (UORRA); fees § 47-8-48.

Evidence checklist

• Exhibit 1: Signed lease agreement

  Establishes deposit amount and terms

• Exhibit 2: Timestamped move-in photos/video

  Baseline condition at the start of tenancy

• Exhibit 3: Timestamped move-out photos/video

  Condition at surrender - rebuts damage claims

• Exhibit 4: Landlord's itemized statement

  Shows the charges being disputed and its date

• Exhibit 5: Correspondence with landlord

  Timeline, forwarding address, admissions

• Exhibit 6: Demand letter + certified mail receipt

  Proof of formal demand and date

• Exhibit 7: Charge-by-charge legal analysis

  Shows each deduction is improper, unsupported, or wear and tear, with statute citations - included as a formatted exhibit in the case PDF