How long your landlord has to return your deposit in New Mexico, and your leverage if they don't. General information, not legal advice — confirm the cited statute.
Deadline to return deposit
30 days
Penalty for wrongful withholding
$250 civil penalty + costs and attorney's fees
Statute
N.M. Stat. § 47-8-18
New Mexico note: For leases under a year, deposit is capped at 1 month's rent. Source: N.M. Stat. § 47-8-18.
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How to get your deposit back in New Mexico
Give the landlord your forwarding address in writing — in many states the 30-day clock doesn't start until you do.
Send a written demand citing N.M. Stat. § 47-8-18 and the 30-day deadline.
If they miss the deadline or withhold in bad faith, sue in small-claims — New Mexico allows $250 civil penalty + costs and attorney's fees.
Bring dated move-in and move-out photos; they beat fabricated "damage" deductions.
True for every renter
Send your forwarding address to the landlord IN WRITING — in many states the return clock doesn't even start until the landlord has your written forwarding address — no address, no deadline, no penalty.
Take dated photos (and video) at move-in AND move-out — deposit disputes are won on evidence; timestamped photos defeat fabricated 'damage' deductions, the most common deposit scam.
Normal wear and tear cannot be deducted — faded paint, minor scuffs, worn carpet from ordinary use are the landlord's cost — only actual damage beyond normal use is deductible.
Most states require an itemized statement of deductions — a landlord who just keeps the money without an itemized list (within the deadline) usually forfeits the right to deduct at all.
Missing the deadline often forfeits ALL deductions — in many states a late landlord must return the entire deposit — even for legitimate damage — so the deadline is your leverage.
Small-claims court is the remedy — and often pays multiples — deposit disputes fit small claims (no lawyer needed), and wrongful withholding can win 2x-3x the deposit plus fees in many states.
Watch for the classic deposit scams — never returning it and ignoring you, inventing 'cleaning/damage' fees, or charging for pre-existing issues — all beatable with photos, a written demand, and the statute.
FAQ
How long does a landlord have to return a security deposit in New Mexico?
In New Mexico the landlord must return your deposit, or send an itemized statement of deductions, within 30 days of move-out. For leases under a year, deposit is capped at 1 month's rent.
What if my landlord won't return my deposit in New Mexico?
Send a written demand with your forwarding address, then sue in small-claims court. New Mexico allows: $250 civil penalty + costs and attorney's fees. Keep dated move-in and move-out photos as evidence.
Can a landlord keep my deposit for normal wear and tear in New Mexico?
No. Normal wear and tear — faded paint, minor scuffs, carpet worn from ordinary use — cannot be deducted anywhere. Only actual damage beyond ordinary use, and most states require an itemized list within the deadline.