New Mexico landlords have 30 days after move-out to return your deposit. Learn when other deductions deductions are and aren't allowed under N.M. Stat. Ann. §47-8-18.
Check if Your Deduction is Valid (Free)Law verified March 1, 2026
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Check My DepositBeyond the common categories, New Mexico landlords sometimes attempt deductions for unpaid rent, early termination fees, utility bills, or HOA violations. Whether these are valid depends on your lease terms and New Mexico law. Critically, every deduction must appear in an itemized written statement provided within 30 days. Deductions not listed in that statement are generally waived. Vague charges or deductions not tied to your specific tenancy are often successfully disputed.
Review your lease carefully. Any deduction your landlord takes should be traceable to either actual damage, unpaid rent per your lease, or a specific statutory allowance. If you can't find the basis for a charge, that's worth investigating.
Quick Answer
Whether this deduction is valid in New Mexico depends on your specific circumstances. Document thoroughly and get a free analysis.
Beyond the common categories, New Mexico landlords sometimes attempt deductions for unpaid rent, early termination fees, utility bills, or HOA violations. Whether these are valid depends on your lease terms and New Mexico law. Critically, every deduction must appear in an itemized written statement provided within 30 days. Deductions not listed in that statement are generally waived. Vague charges or deductions not tied to your specific tenancy are often successfully disputed.
Tip
Review your lease carefully. Any deduction your landlord takes should be traceable to either actual damage, unpaid rent per your lease, or a specific statutory allowance. If you can't find the basis for a charge, that's worth investigating.
Is your deduction charge legal?
Free analysis · New Mexico law · 2 minutes
Check My New Mexico Deposit (Free)Regardless of whether a other deductions 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 “other deductions: $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.
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.
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.
Run a free analysis
Use our free tool to evaluate your claim. We check your New Mexico other deductions dispute against N.M. Stat. Ann. §47-8-18, calculate any penalties, and generate a personalized demand letter.
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.
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 ProtectedOther Deduction Guides
Questions
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.
Other Deductions deductions can be legitimate in some circumstances in New Mexico, but must be specific, documented, and beyond normal wear and tear. Review your lease carefully. Any deduction your landlord takes should be traceable to either actual damage, unpaid rent per your lease, or a specific statutory allowance. If you can't find the basis for a charge, that's worth investigating.
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.
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