New Mexico Security Deposit Return: The 30-Day Deadline (2026)

How long a landlord has to return your deposit, and what you can claim if they miss it

At a glance

Return deadline: 30 days after vacating
Measured from: The later of: termination of the rental agreement, or the resident's departure
Penalty for late or wrongful withholding: no statutory multiplier
Deposit cap: Leases under 1 year: 1 month's rent. Leases of 1 year or more: no statutory cap, but any deposit exceeding 1 month's rent requires annual interest at the passbook savings rate — § 47-8-18(A).
Small claims cap: $10,000

Who this covers — and who it does not

This page covers residential security deposits in New Mexico, where a landlord has kept some or all of a deposit after a tenancy ends.

It does not cover:

Commercial leases
Deposits held in an escrow account or with a third party
Disputes about damage charges in an ongoing (not ended) tenancy
Any state other than New Mexico

Lease terms and local ordinances can change what applies. Where a city has its own deposit rules, those may differ from the state statute below.

What the statute actually says

30days

Measured from The later of: termination of the rental agreement, or the resident's departure.

The landlord must, within 30 days after the later of termination of the rental agreement or the resident's departure, provide a written itemized list of deductions and the balance of the deposit, if any.

N.M. Stat. § 47-8-18(C) ↗

Penalties

No statutory penalty beyond returning the deposit.

If the landlord fails to provide the written statement and refund the balance within 30 days, the landlord FORFEITS the right to withhold any portion of the deposit, forfeits the right to assert any counterclaim in an action to recover the deposit, forfeits the right to assert an independent claim for damage to the property, AND is liable for the resident's court costs and reasonable attorney fees. This is a rights-forfeiture remedy, not a multiplier.
N.M. Stat. § 47-8-18(D) ↗
A flat penalty of $250.

In addition, a landlord who retains a deposit in BAD FAITH is liable for a civil penalty of $250, payable to the resident. Bad faith is a separate finding beyond the 30-day forfeiture.
N.M. Stat. § 47-8-18(E) ↗
The tenant may recover the landlord's attorney fees.

Court costs and reasonable attorney fees are recoverable when the landlord fails to timely return the deposit under §47-8-18(D).
N.M. Stat. § 47-8-18(D) ↗

Working out your own deadline

The clock does not start on the day you decided to leave. In New Mexico it starts The later of: termination of the rental agreement, or the resident's departure — for most leases that is the date you hand back the keys, not the date your notice period began.

Find the date you vacated and returned the keys. Write it down; everything else depends on it.
Add 30 calendar days. Count calendar days, not business days.
If the landlord has provided a forwarding address, check the statute for whether the deadline is shortened — in some states it is.
Note the date the deadline falls on. If the deposit has not arrived by then, the clock for the penalty starts running.

Common landlord defences and how to answer them

““I'm deducting for damages.””

You must provide a written itemized list within 30 days of the later of termination or my departure. Normal wear and tear is not deductible. If you missed the deadline, you have forfeited the right to withhold anything.

N.M. Stat. § 47-8-18(C), (D)

““I'll counterclaim for property damage.””

By failing to return my deposit with an itemized statement within 30 days, you forfeited your right to assert a counterclaim or any independent claim for property damage.

N.M. Stat. § 47-8-18(D)

““The deposit was more than one month, so I set my own terms.””

For a lease under 1 year the deposit is capped at 1 month's rent. For a year-plus lease you owe annual interest on anything above 1 month.

N.M. Stat. § 47-8-18(A)

Sources and how to verify them

Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.

Statute	Last verified	Source
N.M. Stat. § 47-8-18(C)	2026-10-15	official text ↗
N.M. Stat. § 47-8-18(D)	2026-10-15	official text ↗
N.M. Stat. § 47-8-18(E)	2026-10-15	official text ↗

Primary reference: N.M. Stat. § 47-8-18 (Deposits). Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.

When you need a lawyer instead of a tool

A self-help letter is the right starting point for a single deposit you can document. Get legal help if:

You have received an eviction notice — the timeline is now court-driven
The dispute involves discrimination, unsafe conditions or retaliation
The amount in dispute exceeds $10,000
Your landlord has filed anything in court already

Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.

More New Mexico guides

New Mexico Security Deposit Rules

→ All New Mexico tenant rights topics

Common questions

How long does a landlord have to return a security deposit in New Mexico?

30 days, counted from The later of: termination of the rental agreement, or the resident's departure. N.M. Stat. § 47-8-18(C).

Can I claim more than my deposit back in New Mexico?

The statute cited for New Mexico does not provide a penalty multiplier beyond returning the deposit and any lawful deductions.

Does the 30-day deadline in New Mexico start when I give notice or when I move out?

It runs from The later of: termination of the rental agreement, or the resident's departure — the date you vacated and returned the keys, not the date your notice period began.

Do I need a lawyer to file a deposit claim in New Mexico?

No — New Mexico Magistrate Court handles civil claims up to $10,000, covering the vast majority of deposit disputes. Attorney representation is permitted but not required.