DisputeKit / States / New Mexico
Your consumer rights in New Mexico
What New Mexico and federal law say about getting a security deposit back, refunds and cancelling subscriptions, with the law cited and a sample letter for each.
Security deposits
30 days. Under New Mexico Statutes § 47-8-18 (NMSA 1978), a landlord must provide an itemized written list of the deductions from the deposit, together with the balance of the deposit within 30 days. The clock starts when you move out and hand back possession of the unit. If they miss that deadline, they lose the right to keep any part of the deposit. A court may also award a civil penalty of $250 if the landlord retained the deposit in bad faith; a landlord who misses the 30-day deadline is also liable for court costs and reasonable attorney's fees.
Refunds
If a company won't refund you, send a written demand with a clear deadline. If you paid by credit card, you may also be able to dispute the charge: Under the Fair Credit Billing Act, a billing-error dispute must reach the card issuer in writing within 60 days after the first statement showing the charge.
Subscriptions
New Mexico has no automatic-renewal statute. For subscriptions sold online, the federal Restore Online Shoppers' Confidence Act requires a simple way to stop recurring charges, and New Mexico's general consumer protection law applies.
Small claims and complaints in New Mexico
- New Mexico consumer law
- New Mexico Statutes § 57-12-3 (Unfair Practices Act)
- Where to file a complaint
- New Mexico Department of Justice, Consumer Protection
- Filing fee
- Varies by court; ask the magistrate or Metropolitan Court clerk, and a fee waiver may be available