New Mexico Security Deposit Return Deadline
- Penalty for missing it
- $250 civil penalty (bad-faith retention — a $250 civil penalty payable to the tenant, PLUS forfeiture of the landlord's right to withhold any portion of the deposit or sue for damages they failed to report (§47-8-18(D)))
- The law
- N.M. Stat. Ann. §47-8-18
The rule
30 days after termination of the tenancy AND delivery of possession. Landlord must provide an itemized written list of deductions (§47-8-18(C)).
- No multiplier — but the forfeiture rule is the real teeth: bad-faith landlords lose the right to withhold anything.
- Deposit cap: 1 month's rent for leases under 1 year; no cap for leases of 1 year or more.
- Forwarding address: the 30-day clock runs from delivery of possession.
What happens if your landlord misses the deadline
In New Mexico, a missed deadline seriously weakens your landlord's position. Depending on the circumstances, they may forfeit the right to deduct anything at all, owe you the penalty above, or both. The exact consequence depends on N.M. Stat. Ann. §47-8-18 and whether they provided the required itemized statement. Don't assume the money is gone — a missed deadline is often the strongest fact pattern for getting it back.
Your next steps in New Mexico
- Confirm the clock ran. Make sure you provided a forwarding address in writing — in New Mexico this step starts the clock, so it matters more than usual, and that the full deadline has passed.
- Send a demand letter citing N.M. Stat. Ann. §47-8-18 and the $250 civil penalty penalty. Most landlords pay at this stage.
- If they ignore it, file in small claims. See our walkthrough for the process.
New Mexico deposit questions
How long does my New Mexico landlord have to return my deposit?
30 days after termination of the tenancy AND delivery of possession. Landlord must provide an itemized written list of deductions (§47-8-18(C)).
What if my landlord never sends an itemized list of deductions?
In most states — including New Mexico — failing to provide the required itemized statement within the deadline forfeits the landlord's right to withhold anything. Check N.M. Stat. Ann. §47-8-18 for the exact rule.
Can I get more than my deposit back in New Mexico?
New Mexico law allows $250 civil penalty for bad-faith retention — a $250 civil penalty payable to the tenant, PLUS forfeiture of the landlord's right to withhold any portion of the deposit or sue for damages they failed to report (§47-8-18(D)). See our penalties guide for how judges apply this.
Source: https://www.casemine.com/judgement/us/5914bda6add7b0493476c5ba · Verified 2026-10-09