Learn New Mexico pet deposit rules under N.M. Stat. Ann. §47-8-18. Can landlords charge pet deposits? Can they keep it for pet damage? What about service animals and ESAs?
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Check My DepositIn New Mexico, pet deposits are subject to the same rules as security deposits under N.M. Stat. Ann. §47-8-18. Landlords may charge a pet deposit to cover potential pet-related damage, but it cannot be used to cover normal wear and tear. Whether the pet deposit is refundable depends on the terms of your lease and whether actual pet damage occurred. The total of all deposits — including pet deposits — may be subject to a statutory cap depending on New Mexico law.
Under the federal Fair Housing Act, landlords cannot charge pet deposits for service animals (ADA) or emotional support animals (FHA) — this applies in all 50 states regardless of New Mexico law.
Review your lease to confirm the pet deposit amount and refundability
Document pet-related areas at move-in AND move-out with photos
Get written confirmation of whether your pet deposit is refundable
If landlord keeps pet deposit without itemization within 30 days, dispute it citing N.M. Stat. Ann. §47-8-18
Service or emotional support animal? The landlord cannot charge you any pet deposit
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Wear & Tear ProtectedQuestions
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.
Yes, landlords in New Mexico may charge a separate pet deposit to cover potential pet-related damage. However, it is subject to the same rules as the main security deposit under N.M. Stat. Ann. §47-8-18: it must be returned (or itemized) within 30 days, and cannot be kept for normal wear and tear.
No. Under the federal Fair Housing Act, landlords cannot charge any pet deposit or pet fee for service animals (ADA) or emotional support animals (FHA). This applies in New Mexico and all 50 states regardless of state law. Charging a pet deposit for a service or support animal is illegal discrimination.
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