New Mexico requires landlords to provide an itemized deduction statement within 30 days. Learn what's required and what to do if your landlord didn't comply.
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Check My DepositNew Mexico law requires your landlord to provide an itemized written statement of any deductions within the same 30-day window. The statement must list each specific deduction with a corresponding dollar amount. A vague statement like "cleaning and repairs: $400" is generally insufficient; line items are required.
Itemization
New Mexico law requires your landlord to provide an itemized written statement of any deductions within the same 30-day window. The statement must list each specific deduction with a corresponding dollar amount. A vague statement like "cleaning and repairs: $400" is generally insufficient; line items are required.
Courts in New Mexico have generally held that a proper itemization must:
A vague statement such as “cleaning and repairs: $600” typically does not satisfy the requirement. If your landlord's itemization was insufficient, their deductions may be invalid even if the underlying charges were legitimate.
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.
Under N.M. Stat. Ann. §47-8-18, the itemization must list each specific deduction with a corresponding dollar amount. Vague entries like "repairs: $500" are generally insufficient. Each line item should identify what was damaged and why it was charged.
If your landlord fails to provide the required itemized statement within 30 days, they may lose the right to withhold any portion of your deposit under N.M. Stat. Ann. §47-8-18. This is true even if some deductions might otherwise have been legitimate.
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