DisputeKit

DisputeKit / New Mexico

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

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.

I moved out of my place in on and my landlord still has my $ deposit.

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Common questions

When does the clock start in New Mexico?

The clock starts when you move out and hand back possession of the unit.

What if I got part of my deposit back?

You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.

Can I get more than my deposit back?

Possibly. New Mexico law allows a court to 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. A judge decides; it is not guaranteed.

Do I need a lawyer?

Not usually. Small claims court in New Mexico is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.