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Getting the Deposit Back

Section 47-8-18 — an itemized list and the balance within thirty days, or the right to keep any of it is lost

When the residency ends, a deposit may be applied to rent and to damages the owner suffered from the resident's noncompliance with the rental agreement or the act. No deposit is kept to cover normal wear and tear.

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Who handles this in New Mexico: New Mexico Legal Aid, statewide intake and New Mexico Free Legal Answers; and legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.

Within thirty days of the end of the rental agreement or the resident's departure, whichever is later, a landlord, whom the act calls the owner, with actual cause to keep any of the deposit gives the resident an itemized written list of the deductions and the balance, if any. Mailing the statement and any payment to the resident's last known address complies.

An owner who misses the thirty daysAs the section provides
An owner who misses the thirty daysWithholding any of the depositAs the section providesThe right is forfeited
An owner who misses the thirty daysA counterclaim in a suit to recover the depositAs the section providesThe right is forfeited
An owner who misses the thirty daysA separate suit for damage to the propertyAs the section providesThe right is forfeited
An owner who misses the thirty daysCourt costs and reasonable attorneys' feesAs the section providesOwed to the resident

An owner who keeps a deposit in bad faith in violation of the section is liable for a civil penalty of $250, payable to the resident.

Sources for this section (1)
  1. NMSA 1978, § 47-8-18 — Deposits

Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.

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