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.
Fill in the blanks to see your deadline. Free, no account.
Conditions that change the deadline
- The 30 days run from the end of the rental agreement or the tenant's departure, whichever is later.
What New Mexico law says about deductions and your rights
- No deposit may be kept for normal wear and tear; deductions are limited to rent, utilities, repair work and other damages caused by the tenant.
- A landlord who misses the 30-day deadline also loses the right to counterclaim in the deposit case and to bring a separate action for damage to the property.
- The landlord complies by mailing the statement and any payment to the tenant's last known address.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in New Mexico is $10,000 in magistrate court (and in Bernalillo County Metropolitan Court), and the filing fee is Varies by court; ask the magistrate or Metropolitan Court clerk, and a fee waiver may be available.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit
- Count 30 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
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.