New Mexico says no deposit may be retained to cover normal wear and tear. That is one of the most important renter protections in a deduction dispute.
The practical difference
Normal wear and tear is ordinary use of the rental over time. Damage is something more: broken, missing, unusually dirty, or caused by neglect, misuse, or a specific incident.
Facts that often matter:
- move-in photos compared to move-out photos
- how old the item was
- whether the charge is cleaning, repair, or replacement
- whether the lease supports the charge
- whether the written itemization gives exact reasons
How to protect yourself
Take move-out photos and video before surrendering the rental. Save move-in condition proof, repair requests, cleaning receipts, and any messages about maintenance or damage.
Wear-and-tear disputes are easier when your photos, itemization, and timeline are organized before the final demand.
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Important
This page provides general educational information and is not legal advice.