New Mexico · Security deposits · Updated Oct 2026

New Mexico security deposit law

In New Mexico, your landlord has 30 days to return your deposit.

Checked against official sources: Oct 23, 2026

Short answer

In New Mexico, the deposit limit is: One month's rent if your lease is for less than one year. The landlord must return it as follows: Within 30 days after the rental agreement ends or you move out, whichever is later, the landlord must send you the rest of your deposit and an itemized written list of deductions.

deposit limit: 1 month's rent (with exceptions)
to return a deposit: 30 days
deposit penalty: See below

Get your letter ↓ Check the deadline ↓

Get your deposit back, step by step

Before you move out, clean, take dated photos and video of every room, and return all keys.
Give your landlord your new address in writing. In New Mexico: Mailing it to your last known address counts as compliance, so give the landlord a forwarding address in writing.
Wait for the deadline: Within 30 days after the rental agreement ends or you move out, whichever is later, the landlord must send you the rest of your deposit and an itemized written list of deductions.
If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
If that doesn't work, sue in small claims court. Limit: $10,000 in Magistrate Court (Metropolitan Court in Bernalillo County); New Mexico has no separate small claims court. Small claims court in New Mexico on RobinClaim

Deposit return calculator for New Mexico

Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed.

Security deposit demand letter for New Mexico

A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.

Your full name (required)

Where should they send your money? (your mailing address) (required)

Phone

Landlord or property manager (required)

The name on your lease or rent receipts.

Landlord's address (required to mail it)

Address of the rental (required)

I will hand it to the landlord or email it (no mailing address needed)

Date of the letter

Usually today. The deadline in the letter counts from this date.

Date you moved in

Date you moved out (required)

Deposit you paid ($) (required)

Amount the landlord returned ($)

Did you get an itemized list of deductions?

Days the landlord has to pay

We suggest 14 days.

Why the deductions are wrong (optional, in English)

One or two sentences. This text goes into the letter as written.

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Other formats

Sign it, keep a copy, and send it by certified mail with a return receipt. The receipt is your proof that the landlord got it.

Security deposit in New Mexico

Limit: One month's rent if your lease is for less than one year. For a lease of one year or more there is no cap, but if the deposit is more than one month's rent the landlord must pay you yearly interest. Prepaid last month's rent is not counted as the deposit.
Deadline to return it: Within 30 days after the rental agreement ends or you move out, whichever is later, the landlord must send you the rest of your deposit and an itemized written list of deductions. Mailing it to your last known address counts as compliance, so give the landlord a forwarding address in writing.
Itemized list: If the landlord keeps any part, an itemized written list of deductions and the balance must be given within 30 days. Receipts are not required by the law.
What may be deducted: Unpaid rent, late fees, utilities, and the cost of repairing damage you caused and cleaning you failed to do (beyond normal wear and tear). The deposit may not be kept for normal wear and tear.
Interest: Only on a lease of one year or more when the deposit is more than one month's rent: the landlord must pay interest every year, at the passbook savings rate named in the statute.
If the landlord keeps it wrongly: If the landlord misses the 30-day deadline for the itemized list, the landlord loses the right to keep any of the deposit, to counterclaim in your deposit case, and to sue you separately for damage to the unit, and must pay your court costs and reasonable attorney fees. If the landlord kept the deposit in bad faith, you also get a $250 civil penalty.
Law: NMSA 1978, Section 47-8-18

Small claims court in New Mexico

Deposit disputes usually go to small claims court, where you don't need a lawyer. Limit: $10,000 in Magistrate Court (Metropolitan Court in Bernalillo County); New Mexico has no separate small claims court.

How to file in New Mexico

More for New Mexico renters

Security deposit in nearby states

Sources

Checked against official sources: Oct 23, 2026