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)
The 30-day list
Where there is actual cause to keep any of the deposit, give 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 complies.
What may be deducted
The deposit may pay rent and the damages the owner suffered from the resident not meeting the agreement or their duties, including unpaid rent or utilities, repair work and other legitimate damages. No deposit may be kept for normal wear and tear. The resident leaves the unit as clean as when the residency began, ordinary wear and tear excepted.
Missing the 30 days
An owner who misses the statement and balance forfeits the right to keep any of the deposit, to counterclaim in a suit for it and to sue separately for property damage, and pays the resident's court costs and reasonable attorneys' fees. Keeping a deposit in bad faith adds a civil penalty of 250 dollars.
Common mistakes
- Counting 30 days from the agreement's end when the resident left later.
- Keeping money for normal wear and tear.
- Sending the list without the balance.
- Waiting past 30 days and losing the right to claim damage at all.
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
Last reviewed October 23, 2026. Next review due January 23, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.