All states › New Mexico
New Mexico Security Deposit Return Deadline
The rule
| Deadline | 30 days |
|---|---|
| Maximum deposit | 1 month for leases under 1 year |
| Penalty for wrongful withholding | Forfeiture and fees; $250 civil penalty for bad faith |
| Statute | NMSA § 47-8-18 |
New Mexico deadline calculator
Room-by-room condition report: 12 rooms, 99 items, move-in and move-out columns, signature lines, and tips that win deposit disputes. Works for New Mexico rentals. PDF, 5 pages, no sign-up.
Download the free PDF
What to send the tenant
Send the remaining deposit, or a written, itemized list of each deduction with its cost (free letter template), to the tenant's forwarding address before the deadline. Keep proof of the date you sent it. Normal wear and tear generally can't be deducted, and a deduction is strongest when your signed move-in report shows the item was in good condition.
DepositDay walks you through the move-in and move-out inspection with timestamped photos, counts down your New Mexico deadline from move-out day, and writes the itemized deduction letter.
Start a free inspection
Common questions
How long does a landlord have to return a security deposit in New Mexico?
Under NMSA § 47-8-18, a New Mexico landlord has 30 days to return the deposit or send an itemized statement of deductions.
What is the maximum security deposit in New Mexico?
In New Mexico, the security deposit limit is 1 month for leases under 1 year.
What happens if a New Mexico landlord misses the deadline or withholds in bad faith?
The penalty in New Mexico: forfeiture and fees; $250 civil penalty for bad faith. Missing the deadline can also cost the landlord the right to keep any of the deposit.
Last reviewed November 2026. Summary of NMSA § 47-8-18, cross-checked against multiple published sources. General information, not legal advice. Laws change, and cities and counties can add requirements. Read the statute or ask a local attorney before you act.