Learn what penalties apply when a New Mexico landlord fails to return your security deposit on time or makes improper deductions.
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Check My DepositUnder N.M. Stat. Ann. §47-8-18(D), if your New Mexico landlord misses the deposit return deadline, they forfeit the right to withhold any portion of your deposit. This means even if some deductions might have been legitimate, a landlord who misses the deadline loses the ability to keep anything. Landlord forfeits right to withhold; full deposit plus damages recoverable.
The forfeiture is automatic. No need to prove intent or bad faith. Once the 30-day clock expires, your landlord's right to withhold anything is gone. It doesn't matter if a deduction might have been legitimate before the deadline.
Penalty
Under N.M. Stat. Ann. §47-8-18(D), if your New Mexico landlord misses the deposit return deadline, they forfeit the right to withhold any portion of your deposit. This means even if some deductions might have been legitimate, a landlord who misses the deadline loses the ability to keep anything. Landlord forfeits right to withhold; full deposit plus damages recoverable.
The forfeiture is automatic. No need to prove intent or bad faith. Once the 30-day clock expires, your landlord's right to withhold anything is gone. It doesn't matter if a deduction might have been legitimate before the deadline.
N.M. Stat. Ann. §47-8-18(D)
To recover penalties under N.M. Stat. Ann. §47-8-18(D), you generally need to: document the move-out date and the missed deadline, send a written demand letter citing the statute, and, if necessary, file in New Mexico small claims court (up to $10,000).
A demand letter that specifically cites N.M. Stat. Ann. §47-8-18(D) and calculates the potential Full deposit forfeiture often prompts landlords to settle without going to court.
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.
Your landlord forfeits the right to any deductions under N.M. Stat. Ann. §47-8-18(D). You recover the full deposit even if some charges might have been legitimate.
No. The penalty under N.M. Stat. Ann. §47-8-18(D) applies automatically when the 30-day deadline is missed. Intent is not required.
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