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New Mexico security deposit law: deadline, deductions and penalties

Quick answer

In New Mexico, a landlord has 30 days to return the security deposit or send an itemized list of deductions (N.M. Stat. § 47-8-18). Under New Mexico law, a landlord who keeps a deposit in bad faith can owe the amount withheld plus up to $250.

Checked against the statute on October 29, 2026.

30

days for a New Mexico landlord to return the deposit or itemize deductions

The deadline

Within 30 days after the rental agreement ends or the tenant leaves, whichever is later, the landlord must give an itemized list of deductions with the balance of the deposit.

What the landlord must send you

An itemized list of deductions for actual cause; normal wear and tear can't be deducted.

If the landlord misses the deadline

A landlord who misses the deadline forfeits the right to withhold any part of the deposit and is liable for court costs and reasonable attorney's fees (N.M. Stat. § 47-8-18(D)).

Penalty for wrongful withholding

A landlord who keeps a deposit in bad faith owes the tenant a $250 civil penalty (N.M. Stat. § 47-8-18(E)).

Read the law

Summary checked against the statute on October 29, 2026. Not legal advice; laws change, so confirm with the source before relying on it.

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Did the landlord send you a written, itemized list of deductions?

New Mexico security deposit FAQ

How long does a landlord have to return a security deposit in New Mexico?

Within 30 days after the rental agreement ends or the tenant leaves, whichever is later, the landlord must give an itemized list of deductions with the balance of the deposit.

What must a New Mexico landlord send when keeping part of the deposit?

An itemized list of deductions for actual cause; normal wear and tear can't be deducted.

What happens if a New Mexico landlord misses the deadline?

A landlord who misses the deadline forfeits the right to withhold any part of the deposit and is liable for court costs and reasonable attorney's fees (N.M. Stat. § 47-8-18(D)).

What is the penalty for wrongfully keeping a security deposit in New Mexico?

A landlord who keeps a deposit in bad faith owes the tenant a $250 civil penalty (N.M. Stat. § 47-8-18(E)).

How do I get my security deposit back in New Mexico?

Give your landlord a forwarding address in writing, wait for the 30 days deadline, then send a demand letter by certified mail that cites N.M. Stat. § 47-8-18 and sets a payment date. If the landlord still doesn't pay, you can file in small claims court in the county where the rental is located.

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