Calculate Your New Mexico Deposit Deadline & Statutory Damages
Enter your move-out / key-surrender date and deposit amount to check whether your landlord is past the New Mexico statutory deadline under N.M. Stat. Ann. § 47-8-18.
New Mexico Security Deposit Law Quick Facts
| Governing Statute | N.M. Stat. Ann. § 47-8-18 |
|---|---|
| Return Deadline | 30 days (30 days after termination of residency or departure from premises, whichever is later) |
| Maximum Deposit Cap | 1 month's rent for leases under 1 year (if >1 month's rent is charged on a ≥1 year lease, landlord must pay annual interest) |
| Bad-Faith / Late Penalty | Up to 2.0x — Forfeiture of any right to withhold any portion of the deposit, plus civil penalty up to $250 for bad faith, plus attorney's fees |
| Small Claims Court Limit | $10,000 |
| Interest Required? | Yes if deposit exceeds 1 month's rent on a lease of 1 year or more |
| Walkthrough / Inspection | Itemized written statement of deductions is mandatory within 30 days or landlord forfeits all claims |
Example: On a $1,800 deposit wrongfully withheld past the 30-day deadline in New Mexico, statutory provisions allow claims up to $3,600 (2.0x) in Small Claims Court (limit $10,000).
Landlord Missed the Deadline or Overcharging for Normal Wear?
Get the complete Keep the Deposit Recovery System: our 48-Hour Move-Out & Dispute Handbook, 7 Fill-in-the-Blank Statutory Demand Letters (citing N.M. Stat. Ann. § 47-8-18), the 50-State Reference Guide, and the Excel Prorated Depreciation Audit Workbook.
- Certified-mail demand templates for missed deadlines & itemized receipt requests
- HUD carpet, paint & appliance useful-life prorated deduction calculator (.xlsx + PDF)
- Room-by-room photo evidence log & small-claims preparation checklist
How to Dispute Unfair Carpet, Paint & Cleaning Deductions in New Mexico
Even when a New Mexico landlord mails an itemized list within 30 days, they cannot charge you for normal wear and tear or bill you 100% of the replacement cost for an aged asset that has already exhausted most of its useful life.
1. Useful-Life Proration
Standard apartment carpet depreciates over 5 years (60 months). If carpet was 4 years old at move-out, the maximum recoverable value is 20% — never a full replacement bill.
2. Statutory Demand Notice
Send a written demand via Certified Mail citing N.M. Stat. Ann. § 47-8-18 and giving a firm 7-to-10 business day deadline before filing in New Mexico Small Claims Court.
3. Prorated Audit Calculator
Use our free Carpet & Paint Depreciation Calculator to calculate the exact legal deduction cap in seconds.