New Mexico Deposit Itemization Law at a Glance
Governing Statute
N.M. Stat. §47-8-18 — Security Deposits
Itemization Requirement
Your landlord must provide an itemized statement of deductions within 30 calendar days after termination of tenancy and delivery of possession.
Allowable Deductions
Unpaid rent, damages beyond normal wear and tear, cleaning charges. Landlord cannot deduct for normal wear and tear.
Normal Wear & Tear
Deterioration resulting from normal use of the premises.
Penalty for Wrongful Withholding
If your landlord wrongfully withholds your deposit or fails to provide proper itemization, you may be entitled to full deposit return if landlord fails to provide itemized statement under N.M. Stat. §47-8-18(D).
Key Facts
- Maximum deposit: 1 month rent (for leases less than 1 year); no limit for longer leases
- Itemization required: Within 30 calendar days
- Small claims limit: $10,000
Additional Protections
- Landlord must return deposit within 30 days
- Failure to provide itemization forfeits right to retain any portion
What Your New Mexico Dispute Letter Includes
Every letter is built from New Mexico's actual statute — not a generic template.
Itemization Requirements
N.M. Stat. §47-8-18 cited by section number. Your landlord sees you know the specific rules they must follow.
Disputed Deductions
Each disputed charge identified with your specific reasons, tied to New Mexico law.
Wear & Tear Standard
Deterioration resulting from normal use of the premises...
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New Mexico Deposit Itemization FAQ
What are the security deposit itemization requirements in New Mexico?
Under N.M. Stat. §47-8-18, your landlord is required to provide an itemized statement of deductions within 30 calendar days after termination of tenancy and delivery of possession. The itemization must list each deduction, the amount, and the reason.
What deductions can my New Mexico landlord legally take from my deposit?
In New Mexico, allowable deductions are limited to: Unpaid rent, damages beyond normal wear and tear, cleaning charges. Your landlord cannot deduct for normal wear and tear.
What counts as normal wear and tear in New Mexico?
In New Mexico: Deterioration resulting from normal use of the premises. Examples include minor scuffs on walls, worn carpet from foot traffic, faded paint, and small nail holes.
What happens if my New Mexico landlord wrongfully withholds my deposit?
If your landlord wrongfully withholds your deposit or fails to provide proper itemization, you may be entitled to full deposit return if landlord fails to provide itemized statement under N.M. Stat. §47-8-18(D). You can pursue this in small claims court.
Can I sue my landlord in small claims court in New Mexico?
Yes. New Mexico small claims court handles cases up to $10,000. Security deposit disputes are one of the most common small claims cases.
Do I need a lawyer to dispute deposit deductions in New Mexico?
No. A dispute letter is a formal written challenge, not a lawsuit. You can send one yourself. Our tool generates a New Mexico-specific dispute letter citing N.M. Stat. §47-8-18 and your state's itemization requirements so your landlord knows you understand your rights.
Deposit Itemization Dispute Letters by State
Select your state to see your specific rights and generate your letter.