NM · TenantClaim

New Mexico Security Deposit Return Laws & Calculator

Landlords generally have 30 calendar days to return a deposit under New Mexico Statutes Section 47-8-18. Use the calculator to check overdue status and estimated recovery.

New Mexico deposit calculator

Statutory math from New Mexico Statutes Section 47-8-18.

Did you receive an itemized deduction statement?

Ready to Calculate Your Rights

Enter your lease dates and deposit amounts to instantly evaluate:

  • State statutory return deadline & overdue status
  • Treble (3x) or double (2x) bad-faith penalty eligibility
  • Small claims court limit & demand letter generation

Bad-faith penalties

A landlord who fails to return the deposit or provide an itemized list of deductions within 30 days may be liable for the deposit plus damages of twice that amount (N.M. Stat. § 47-8-18).

Multiplier: 2x

Wear and tear vs. unlawful deductions

Normal Wear & Tear

Landlord cannot deduct

  • Faded or scuffed interior paint from ordinary occupancy in New Mexico
  • Carpet wear or flattening in high-traffic pathways from normal foot traffic
  • Small nail or pin holes from hanging pictures or curtains

Unlawful Deductions

These charges are illegal

  • Charging for ordinary wear and tear instead of damage beyond normal use under New Mexico Statutes Section 47-8-18
  • Keeping any part of the deposit without sending the required itemized statement within 30 calendar days
  • Deducting for conditions that existed before move-in or that the landlord was obligated to repair

Small claims court filing limits

$10,000

Claims above this New Mexico ceiling may need District or Civil Court, or a voluntary reduction to stay in small claims.

View Full New Mexico Small Claims Court & Official Form Guide

New Mexico security deposit FAQ

How long does a New Mexico landlord have to return my deposit?+

New Mexico generally requires return within 30 calendar days after move-out under New Mexico Statutes Section 47-8-18. If the deadline falls on a weekend, TenantClaim rolls it to the next Monday.

What happens if the landlord keeps my deposit in bad faith?+

A landlord who fails to return the deposit or provide an itemized list of deductions within 30 days may be liable for the deposit plus damages of twice that amount (N.M. Stat. § 47-8-18).

What is the New Mexico small claims limit?+

Most tenants can file in small claims court for up to $10,000. Larger recoveries may need District or Civil Court, or a voluntary reduction of the claim.

Does the landlord have to send an itemized list?+

Yes. New Mexico requires an itemized deduction statement. Withholding money without that statement is a common unlawful deduction.