Moveout · Security deposit

How long does a landlord in New Mexico have to return a security deposit?

30 calendar days after you move out

In plain terms, the statute says

An owner who fails to give the resident the written statement of deductions and the balance shown due within thirty days forfeits the right to withhold any portion of the deposit, forfeits the right to assert a counterclaim in any action brought to recover it, forfeits the right to bring an independent action against the resident for damage to the rental property, and is liable for court costs and reasonable attorneys' fees — none of which requires any showing of bad faith. An owner who in bad faith retains a deposit in violation of the section is additionally liable for a civil penalty of two hundred fifty dollars payable to the resident.

Read the law yourself

NMSA 1978, § 47-8-18

Where are you in this?

Have you moved out?

Questions people ask

How long does a landlord in New Mexico have to return a security deposit?

New Mexico: 30 calendar days after you move out.

What happens if a landlord in New Mexico is late?

An owner who fails to give the resident the written statement of deductions and the balance shown due within thirty days forfeits the right to withhold any portion of the deposit, forfeits the right to assert a counterclaim in any action brought to recover it, forfeits the right to bring an independent action against the resident for damage to the rental property, and is liable for court costs and reasonable attorneys' fees — none of which requires any showing of bad faith. An owner who in bad faith retains a deposit in violation of the section is additionally liable for a civil penalty of two hundred fifty dollars payable to the resident.

Where can I read New Mexico's security-deposit law?

New Mexico's rule is in NMSA 1978, § 47-8-18. The link on this page goes to the official text, so you can read the section yourself rather than take our word for it.

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