Under N.M. Stat. Ann. §47-8-18, here is what is legal and what is not -- and how to dispute wrongful charges in Albuquerque.
Check My Albuquerque DepositThe Short Answer
State Law
Normal wear and tear is legally protected in New Mexico under N.M. Stat. Ann. §47-8-18. Wear and tear refers to the natural deterioration of a property from ordinary use over time: faded paint, minor scuffs on walls, small nail holes from hanging pictures, carpet thinning from foot traffic. Your New Mexico landlord cannot charge you for any of these. Deductions must be limited to actual damage beyond what's expected.
Practical Tip
If your landlord charged you for items that reflect normal aging: touch-up paint, light carpet wear, minor scuffs, these deductions are very likely improper in New Mexico. Document everything and check your eligibility for our free analysis.
Step-by-Step
Review your lease for any normal wear & tear clauses
Check whether your lease contains any specific provisions about normal wear & tear responsibilities. Some leases include language about repainting or professional cleaning obligations. If the lease does not explicitly assign this cost to you, or if the clause conflicts with New Mexico law, it may not be enforceable.
Compare your move-in and move-out documentation
Gather your move-in checklist, any photos or videos taken at move-in, and your move-out documentation. If the normal wear & tear condition was already present when you moved in, or if there is no meaningful difference between then and now, that is strong evidence the charge is improper.
Calculate legitimate vs. illegitimate portions
Even if some portion of the charge is valid, your landlord may be overcharging. Request itemized receipts showing exactly what was done and the cost. Vague charges like "Normal Wear & Tear fee: $400" without a breakdown are often successfully disputed.
Send a written dispute letter citing N.M. Stat. Ann. §47-8-18
Write a formal demand letter to your landlord citing N.M. Stat. Ann. §47-8-18 and identifying the specific deduction you are disputing. State the amount you believe was improperly withheld and request its return within a reasonable timeframe. Note the 30-day deadline under New Mexico law and the penalties that apply for non-compliance.
File in New Mexico small claims court if needed
If your landlord ignores or rejects your dispute, New Mexico small claims court handles deposit cases up to $10,000 -- no attorney required. Filing fees are typically under $100, and judges regularly rule in tenants' favor on clear-cut improper deductions. Bring your demand letter, receipts, and photos as evidence.
Common Questions
Most normal wear & tear charges are not allowed in New Mexico. Under N.M. Stat. Ann. §47-8-18, landlords cannot deduct for normal wear and tear, and normal wear & tear typically falls into that category after a standard tenancy. If your landlord is charging for routine normal wear & tear, this is likely an improper deduction you can dispute.
Under N.M. Stat. Ann. §47-8-18, your New Mexico landlord has 30 days after your move-out date to return your security deposit along with an itemized written statement of any deductions.
If your landlord improperly deducted for normal wear & tear, your landlord forfeits the right to keep any portion of your deposit under N.M. Stat. Ann. §47-8-18. Start by sending a formal written demand letter citing N.M. Stat. Ann. §47-8-18. If your landlord does not respond, you can file in New Mexico small claims court (limit: $10,000) without needing an attorney.
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