See how New Mexico and Texas compare on deadlines, penalties, and tenant protections - so you know exactly where you stand.
Deadline
Penalty
WNT Protection
Small Claims
Green badges highlight the rule that's better for tenants in each category.
| Category | New Mexico | Texas |
|---|---|---|
| Deposit Return Deadline | 30 days | 30 days |
| Deadline Trigger | After move-out | After move-out |
| Penalty Type | Full forfeiture | 3x depositBetter for Tenants |
| Penalty Condition | AutomaticBetter for Tenants | Bad faith |
| Itemization Required | Yes | Yes |
| Itemization Deadline | 30 days | 30 days |
| Wear & Tear Protection | Yes | Yes |
| Small Claims Limit | $10,000 | $20,000Better for Tenants |
| Statute of Limitations | 6 yrsBetter for Tenants | 2 yrs |
| Primary Statute | N.M. Stat. Ann. §47-8-18 | Texas Property Code §92.103 |
N.M. Stat. Ann. §47-8-18
Texas Property Code §92.103
New Mexico and Texas are closely matched on tenant protections. Each has distinct strengths - New Mexico may be stronger in some categories while Texas leads in others. Review the comparison table above for details.
In New Mexico, landlords must return your security deposit within 30 days after move-out. In Texas, the deadline is 30 days after move-out. Missing these deadlines can trigger penalties for the landlord.
New Mexico: Full deposit forfeiture (automatic violation). Texas: Up to 3x your deposit (bad faith violation). Always document your move-out carefully to support a claim.
Yes - both New Mexico and Texas prohibit landlords from deducting normal wear and tear from your security deposit. Only actual damage beyond normal use can be deducted.
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