Security Deposit Not Returned in New Mexico: What Can I Do?
Your landlord in New Mexico must follow state law when handling your security deposit after you move out. This page covers the return deadline, what your landlord can deduct, and what you can win in court if they break the rules. New Mexico's law calls the landlord the owner and the renter the resident, but this page says landlord and renter.
-
Your lease cannot take away your right to get your deposit back under this law. This is true even if the lease says you agree to give up that right.
✓ Sources checked September 29, 2026
-
After you move out, your landlord has 30 days to send you a written statement about your deposit. It must list any part your landlord is keeping and why, and the balance still owed to you. The 30 days starts on the day your lease ends or the day you move out, whichever is later.
✓ Sources checked September 29, 2026
-
New Mexico law says your landlord has followed the deposit rules by mailing you the written list and any money owed. They must mail it to your last known address.
✓ Sources checked September 29, 2026
-
Your landlord cannot keep any of your deposit to cover normal wear and tear (ordinary wear from living in the home).
✓ Sources checked September 29, 2026
-
State law defines normal wear and tear (normal use over time) as damage that happens only from living in the home. It must happen without negligence, carelessness, accidents, abuse, or damage done on purpose. A home left dirty does not count as normal wear and tear.
✓ Sources checked September 29, 2026
-
If your landlord has a real reason to keep part of your deposit, they must send you a written list. The list must show each amount kept, the reason for each one, and any money still owed to you.
✓ Sources checked September 29, 2026
-
Your landlord can use your deposit to pay unpaid rent, unpaid utilities (water, electric, gas), repair costs, or other real damage to the home.
✓ Sources checked September 29, 2026
-
Give your landlord your new address in writing when you move out, so mail with your list and any money owed reaches you.
-
If your landlord does not send the list or your money within 30 days, write to your landlord and ask for it. Keep a copy of what you send and any reply.
✓ Sources checked September 29, 2026
-
If your landlord misses the 30-day deadline for the written list, they lose the right to keep any of your deposit. They also lose the right to sue you later, in a separate case, for damage to the home.
✓ Sources checked September 29, 2026
-
Your landlord has 30 days after you move out to send you a written statement about your deposit. If your landlord misses this deadline, your landlord cannot make a counterclaim (a claim back against you). This applies if you take your landlord to court to get your deposit back.
✓ Sources checked September 29, 2026
-
Your landlord must pay your court costs and reasonable lawyer fees if you win a case to get back your deposit. You get this money only if you win your case and your landlord pays.
✓ Sources checked September 29, 2026
-
If your landlord keeps your deposit in bad faith and without a legal right to it, they owe you a $250 penalty. You get this money only if you win your case and your landlord pays.
✓ Sources checked September 29, 2026
Is something on this page wrong or out of date? Tell us.