Maximum deposit: 1 month rent. Return deadline: 30 days. Everything landlords and tenants need to know about New Mexico security deposit law.
Last updated: April 2026 · Data: IRS, BLS, state sources
| Rule | New Mexico Law |
|---|---|
| Maximum Deposit | 1 month rent |
| Return Deadline | 30 days |
| Interest Required | Not required |
| Penalty for Violations | Landlord liable for actual damages plus $250 penalty |
| Normal Wear and Tear | Cannot be deducted |
New Mexico limits security deposits to 1 month rent. Charging more than this amount is a violation of state law and may entitle the tenant to damages.
Itemized statement required
Regardless of the deposit amount, landlords must follow the correct procedures for holding, itemizing, and returning the deposit. Failure to follow these procedures can result in the landlord forfeiting the right to make deductions and owing penalties to the tenant.
After a tenant moves out, New Mexico landlords have 30 days to either return the full security deposit or provide an itemized list of deductions along with any remaining balance. The clock typically starts on the date of move-out or the date the tenant provides a forwarding address, whichever is later.
If the landlord misses this deadline, the consequences can be severe: landlord liable for actual damages plus $250 penalty. Tenants should document their move-out with photos, return keys promptly, and provide a written forwarding address to establish the start of the deadline clearly.
Landlords in New Mexico may deduct from the security deposit for:
Landlords cannot deduct for:
Document the unit's condition at move-in with a written checklist and photos signed by both parties. This documentation is critical in any deposit dispute.
If your landlord fails to return your deposit or provide an itemized statement within 30 days, you may be entitled to: landlord liable for actual damages plus $250 penalty.
Steps to take if your landlord violates New Mexico security deposit law:
Calculate your security deposit maximum, estimate any interest owed, and determine the exact return deadline based on your New Mexico move-out date.
Open New Mexico Security Deposit CalculatorNew Mexico limits security deposits to 1 month rent. Itemized statement required
New Mexico landlords have 30 days after move-out to return the deposit or provide an itemized statement of deductions. If the landlord misses this deadline: landlord liable for actual damages plus $250 penalty.
Normal wear and tear in New Mexico refers to the expected deterioration from ordinary residential use: minor scuffs on walls, small nail holes from hanging pictures, faded paint, and worn carpet from foot traffic. Landlords cannot deduct for these. They can deduct for actual damage such as large holes in walls, broken fixtures, deep carpet stains, or damage caused by pets, negligence, or misuse.