If your New Mexico security deposit has not been returned, start with the deadline and the paperwork. The landlord generally has 30 days after termination of the rental agreement or resident departure, whichever is later, to provide the deposit balance or a written itemized list of deductions.
Check what is missing
There are three common problems:
- no refund
- no written itemized list of exact reasons for withholding
- deductions that look like normal wear and tear, unsupported charges, or charges that do not match the lease
Watch these proof points
Keep proof of move-out, surrender, your forwarding address, the written itemization, the lease term, and the deposit amount.
The lease term and deposit amount matter because New Mexico treats deposits differently for rental agreements shorter than one year and annual rental agreements with deposits above one month's rent.
What changes after 30 days
If the landlord fails to provide the required written statement and payment within the 30-day period, New Mexico law can forfeit the landlord's right to withhold any part of the deposit. A landlord who improperly withholds deposit money can also face a civil penalty equal to twice the amount improperly withheld.
What to gather
- lease and deposit payment proof
- lease term and monthly rent amount
- proof of any deposit above one month's rent
- move-out and surrender records
- forwarding-address proof
- photos, videos, cleaning records, and repair messages
- itemized statement, if one was sent
- all messages and mailing records
New Mexico's forfeiture and 2x penalty path works best when the deadline, itemization, and amount owed are clear.
Get the New Mexico Recovery SystemUseful New Mexico pages
- New Mexico deadline guide
- New Mexico demand-letter guide
- New Mexico statute guide
- Evidence checklist
Important
This page provides general educational information and is not legal advice.