Normal Wear and Tear: What New Mexico Law Says

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.

Tenant 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.

This Type of Deduction Is Often Improper in New Mexico

New Mexico law under N.M. Stat. Ann. §47-8-18 explicitly prohibits deductions for normal wear and tear. Normal Wear & Tear charges that reflect ordinary use are not allowed.

Security Deposit Deductions in New Mexico

Quick Answer

Whether this deduction is valid in New Mexico depends on your specific circumstances. Document thoroughly and get a free analysis.

New Mexico landlords may only deduct from your security deposit for allowable costs: unpaid rent, actual damage beyond normal wear and tear, and other expenses explicitly permitted under your lease or N.M. Stat. Ann. §47-8-18.

Tip

If you're unsure whether a deduction is legal, use our free analysis tool to check your situation against New Mexico law.

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Itemization Required in New Mexico

Regardless of whether a normal wear & tear deduction is valid, your New Mexico landlord must provide a written itemized statement of all deductions within 30 days. Each line item must identify the specific charge and dollar amount. A vague entry like “normal wear & tear: $X” without further detail is generally insufficient under N.M. Stat. Ann. §47-8-18. If the itemization was missing or untimely, the deduction may be invalid regardless of its merits.

How to Dispute a Normal Wear & Tear Charge in New Mexico

1
Check the itemization
Did your landlord provide a written itemized statement within 30 days of move-out? If not, the deduction may be automatically invalid under N.M. Stat. Ann. §47-8-18.
2
Gather your evidence
Compile your move-in and move-out photos, any written notes about the unit's condition, your lease, and any receipts. Timestamped photos are especially powerful.
3
Run a free analysis
Use our free tool to evaluate your claim. We check your New Mexico normal wear & tear dispute against N.M. Stat. Ann. §47-8-18, calculate any penalties, and generate a personalized demand letter.
4
Send a demand letter
A formal demand letter citing N.M. Stat. Ann. §47-8-18 often resolves disputes before court. Our $19 package generates a personalized letter with your specific situation and the exact statute.
5
File in small claims if needed
New Mexico small claims court handles disputes up to $10,000. No attorney required. Most deposit cases are heard within 4-8 weeks.

Legal Reference

Wear & Tear Protected

Primary StatuteN.M. Stat. Ann. §47-8-18

Penalty StatuteN.M. Stat. Ann. §47-8-18(D)

Questions

Common questions answered.

Your New Mexico landlord has 30 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by N.M. Stat. Ann. §47-8-18.

If your landlord misses the 30-day deadline, they forfeit the right to withhold any portion of your deposit under N.M. Stat. Ann. §47-8-18(D), even deductions that might otherwise have been valid.

No. New Mexico law under N.M. Stat. Ann. §47-8-18 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.

Many normal wear & tear charges in New Mexico are improper. 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.

First, check whether the deduction appeared in a proper itemized statement provided within 30 days of move-out. If it did, evaluate whether the charge reflects actual damage beyond normal wear. If the itemization was late or missing, the deduction may be invalid regardless of its merits under N.M. Stat. Ann. §47-8-18. Use our free analysis tool to check your specific situation.

Normal Wear and Tear: New Mexico Deposit Deductions