New Mexico landlords have 30 days to return your security deposit. Learn what happens if they miss the deadline and how to recover what you're owed.
Analyze My New Mexico Claim (Free)Law verified March 1, 2026
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Check My DepositUnder N.M. Stat. Ann. §47-8-18, your New Mexico landlord has 30 days to return your security deposit from the date you move out. This deadline applies regardless of whether your landlord believes deductions are owed. If they want to make deductions, they must still respond within this window with an itemized written statement.
The 30-day clock starts on your move-out date.
Deadline
Under N.M. Stat. Ann. §47-8-18, your New Mexico landlord has 30 days to return your security deposit from the date you move out. This deadline applies regardless of whether your landlord believes deductions are owed. If they want to make deductions, they must still respond within this window with an itemized written statement.
The 30-day clock starts on your move-out date.
Under N.M. Stat. Ann. §47-8-18(D), a landlord who misses the 30-day deadline forfeits the right to any deductions. Even legitimate charges become uncollectable once the deadline passes.
The statute of limitations to file a claim in New Mexico is 6 years from the date of the violation. Do not delay. Document everything and act promptly.
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.
The 30-day clock starts on your move-out date under N.M. Stat. Ann. §47-8-18. Your landlord must return the full deposit or a partial amount with an itemized statement within this window.
The 30-day deadline under N.M. Stat. Ann. §47-8-18 is generally calculated as calendar days, including weekends and holidays. If the final day falls on a weekend or court holiday, some courts may extend to the next business day, but it is safest to treat the deadline as calendar days.
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