New Mexico Security Deposit Laws 2026

Here's what New Mexico law says about security deposit returns, deadlines, and penalties. All information is sourced from NM Stat. § 47-8-18.

Return Deadline

30 calendar days

from move-out date to return your deposit

Penalty for Violations

Actual damages sustained

If the landlord violates the deadline, they may forfeit ALL right to withhold any portion of your deposit.

Deposit Cap

Maximum security deposit: 1 month rent

Itemization Requirements

  • Itemized statement required: Yes
  • Itemization deadline: 30 days
  • Receipts required: No

Interest Requirements

Interest on your deposit is required (rate varies).

Statute of Limitations

  • Written lease: 6 years
  • Oral lease: 4 years

Small Claims Court

Maximum claim: $10,000

Attorney fee shifting available — you may recover attorney fees if you win.

Primary Statute

NM Stat. § 47-8-18

Think your landlord violated New Mexico law?

Generate a demand letter that cites NM Stat. § 47-8-18 and puts your landlord on notice.

This is not legal advice. Reclaim provides legal information and document generation tools. The information on this page is sourced from NM Stat. § 47-8-18 and is current as of January 1, 2020. For specific legal questions, consult a licensed attorney in New Mexico.