What New Mexico requires
- Where there is actual cause to keep any of the deposit, the owner gives the resident an itemized written list of the deductions and the balance within 30 days of the end of the rental agreement or the resident's departure, whichever is later; mailing the statement and any payment to the resident's last known address is complianceNMSA 1978, s. 47-8-18 (C) (annotated) · NMSA 1978, s. 47-8-18 (C) (unannotated)
- The deposit may pay rent and the damages the owner suffered because the resident did not comply with the rental agreement or the resident's duties in section 47-8-22, including unpaid rent or utilities, repair work and other legitimate damages; no deposit may be kept to cover normal wear and tearNMSA 1978, s. 47-8-18 (C)
- The resident keeps the part of the premises they use as clean and safe as its condition permits and, when the residency ends, leaves the unit as clean as when it began, ordinary wear and tear excepted; the resident also disposes of waste cleanly, keeps plumbing fixtures clean, uses appliances and facilities reasonably, and does not deliberately or negligently damage the premises or knowingly let anyone else do soNMSA 1978, s. 47-8-22 (annotated) · NMSA 1978, s. 47-8-22 (unannotated)
- An owner who does not give the written statement and the balance due within 30 days forfeits the right to keep any of the deposit, the right to counterclaim in a suit for the deposit, and the right to sue separately for damage to the property, and pays the resident's court costs and reasonable attorneys' feesNMSA 1978, s. 47-8-18 (D)
- An owner who keeps a deposit in bad faith in violation of the section owes the resident a civil penalty of 250 dollarsNMSA 1978, s. 47-8-18 (E)
- Unless agreed otherwise, the owner enters to inspect only after 24 hours' written notice of the intent to enter, the purpose, the date and a reasonable estimate of the time frame; no notice is needed for repairs or services within 7 days of the resident's request, or with a public official conducting an inspection; the owner tries to accommodate a reasonable alternate time the resident offers, may enter without consent in an emergency, and may not abuse accessNMSA 1978, s. 47-8-24 (annotated) · NMSA 1978, s. 47-8-24 (unannotated)
As clean as when the residency began
When the residency ends, the resident leaves the unit as clean as when it began, ordinary wear and tear excepted. During the residency the resident keeps the premises they use clean and safe, disposes of waste cleanly, keeps plumbing fixtures clean, uses appliances reasonably and does not damage the premises or let others do so.
The deposit may pay rent and the damages from not meeting those duties or the rental agreement, including unpaid rent or utilities and repair work, but never normal wear and tear. A dated move-in report is what shows how clean and sound the unit was when the residency began.
30 days, or the right to the deposit is gone
If there is actual cause to keep any of the deposit, the owner sends an itemized written list of the deductions and the balance within 30 days of the end of the rental agreement or the resident's departure, whichever is later. Mailing the statement and any payment to the resident's last known address counts.
An owner who misses it forfeits the right to keep any of the deposit, the right to counterclaim in a suit for it, and the right to sue separately for damage to the property, and pays the resident's court costs and reasonable attorneys' fees. Keeping a deposit in bad faith adds a civil penalty of 250 dollars.
Inspections during the residency
Unless the owner and resident agree otherwise, the owner enters to inspect only after 24 hours' written notice stating the intent to enter, the purpose, the date and a reasonable estimate of the time frame. No notice is needed for repairs or services within 7 days of the resident's request, or when a public official conducting an inspection is present. If the resident offers a reasonable alternate time, the owner tries to accommodate it. Emergencies need no consent, and access may not be abused.
From walkthrough notes to a finished New Mexico report
At move-in, note each room and how clean it is. At move-out, walk the same rooms and note what changed. ReportDraft writes each up room by room, keeps normal wear and tear out of the deductions, describes each item plainly enough for the itemized list, and leaves lines for the landlord and the tenant to sign.
Common mistakes
- Missing the 30 days and losing the right to keep any of the deposit or to sue for damage.
- Keeping deposit money for normal wear and tear.
- Sending a total instead of an itemized written list with the balance.
- Entering for an inspection without 24 hours' written notice of the purpose, date and time frame.
- Having no move-in record of how clean the unit was when the residency began.
Sources
- NMSA 1978, s. 47-8-18 (C) (annotated), checked October 10, 2026
- NMSA 1978, s. 47-8-18 (C) (unannotated), checked October 10, 2026
- NMSA 1978, s. 47-8-18 (C), checked October 10, 2026
- NMSA 1978, s. 47-8-22 (annotated), checked October 10, 2026
- NMSA 1978, s. 47-8-22 (unannotated), checked October 10, 2026
- NMSA 1978, s. 47-8-18 (D), checked October 10, 2026
- NMSA 1978, s. 47-8-18 (E), checked October 10, 2026
- NMSA 1978, s. 47-8-24 (annotated), checked October 10, 2026
- NMSA 1978, s. 47-8-24 (unannotated), checked October 10, 2026
Last reviewed October 10, 2026. Next review due January 10, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.