Security Deposit Not Returned in Albuquerque: What Can I Do?
Your landlord in Albuquerque must follow New Mexico law on returning your security deposit. This page covers the return deadline, what your landlord can keep, and how to sue in Bernalillo County if they don't return it.
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After you move out, your landlord has 30 days to return your deposit or send you a written list of what they kept and why. The clock starts on the day the lease ends or the day you move out, whichever is later.
✓ Sources checked September 29, 2026
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New Mexico law says your landlord has followed the deposit rules by mailing the itemized list and any money owed to your last known address.
✓ Sources checked September 29, 2026
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Your landlord cannot keep any of your deposit to cover normal wear and tear (wear from normal use of the home). State law says it is wear from using the home as intended. It must happen without negligence, carelessness, accident, abuse or damage done on purpose. A home left dirty is not normal wear and tear.
✓ Sources checked September 29, 2026
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If your landlord has a real reason to keep part of your deposit, they must send you an itemized written list. The list must show each amount they kept and why.
✓ Sources checked September 29, 2026
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Your landlord can use your deposit to cover unpaid rent, unpaid utilities (water, electric, gas), repair costs, or other real damage to the home.
✓ Sources checked September 29, 2026
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Your landlord must send a written list of deductions from your deposit within 30 days after your tenancy ends. If your landlord does not, your landlord loses the right to keep any of the deposit. Your landlord cannot make a counterclaim (a claim back against you) if you sue for the deposit. Your landlord must pay your court costs and reasonable lawyer fees. Your landlord cannot sue you separately for damage to the home. You get this money only if you win your case and your landlord pays.
✓ Sources checked September 29, 2026
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If your landlord keeps your deposit in bad faith (not honestly) and against the deposit law, your landlord owes you a $250 penalty. State law defines good faith as honesty in fact. You get this money only if you win your case and your landlord pays.
✓ Sources checked September 29, 2026
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In Albuquerque, the Bernalillo County Metropolitan Court hears landlord and tenant cases. It hears only cases where the amount of money in dispute is $10,000 or less. The court's Self-Help Center lists a form called Civil Complaint by Resident for Return of Deposit. You can use it to sue for your deposit.
Bernalillo County Metropolitan Court About the Courts: Bernalillo County Metropolitan Court Bernalillo County Metropolitan Court FAQs: I need to file a civil lawsuit✓ Sources checked September 29, 2026
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The Metropolitan Court's Self-Help Center helps people who represent themselves in small claims cases and landlord and tenant disputes. Staff there are not lawyers and cannot give legal advice. They can give general information on court steps and help with forms.
✓ Sources checked September 29, 2026
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