Getting Your Full Security Deposit Back in New Mexico

Getting your security deposit back is a top priority for many renters when moving out in New Mexico. State law protects your right to reclaim this money, but both renters and landlords must follow specific rules. Understanding your rights and responsibilities is key to ensuring you receive your full deposit refund.

Understanding Security Deposits in New Mexico

Under the New Mexico Uniform Owner-Resident Relations Act, landlords can require a security deposit at the start of your tenancy. The law regulates how much a landlord can charge, how the deposit is handled, and the process for returning it when you move out.^[1]

• For leases under one year: The deposit cannot be more than one month’s rent.
• For leases one year or longer: There is no cap, but deposits over one month’s rent must pay annual interest.

What Can Landlords Deduct from Your Security Deposit?

Landlords in New Mexico may only legally deduct certain types of charges from your security deposit, such as:

• Unpaid rent or utility bills owed directly to the landlord
• The cost of repairing any damage beyond normal wear and tear
• Reasonable cleaning to restore the unit’s original condition, excluding normal wear

Steps to Get Your Full Security Deposit Back

Follow these essential steps to protect your right to a full refund:

• Give Proper Notice: Check your lease and state law for required notice periods—usually 30 days.
• Clean Thoroughly and Repair Minor Damage: Deep clean, repair small holes or scuffs, and leave the unit as you found it (excluding normal wear).
• Document Everything: Take photos or video before you move out, showing the condition of every room, appliance, and fixture.
• Return All Keys and Provide Forwarding Address: Turn in keys and give your new address in writing so your landlord can send the deposit.
• Request a Move-Out Inspection: While not mandatory by law, you may ask your landlord to walk through the unit with you to discuss any concerns.

How Long Before My Security Deposit Is Returned?

According to New Mexico law, your landlord must return your deposit or send a written, itemized list of deductions within 30 days after you move out and provide your forwarding address. If your landlord fails to do this, you may be entitled to double the amount withheld if you take your claim to court.^[2]

Official Forms Renters Should Know

• 30-Day Notice of Intent to Vacate
  When to use: Use this to give written notice to your landlord before you move out, as required by your lease or by law.
  How to use: Fill out and deliver to your landlord at least 30 days before ending your tenancy.
  Sample notice form (from NM Housing Handbook, pg. 27)
• Security Deposit Demand Letter
  When to use: If your landlord fails to return your deposit or provide a statement of deductions within 30 days.
  How to use: Send a written request for the deposit refund and keep a copy for your records.
  Sample demand letter (from NM Housing Handbook, pg. 29)
• Small Claims Complaint Form (NM Magistrate Court)
  When to use: If your landlord still does not return the deposit, you can file a court claim.
  How to use: File this form at your county’s Magistrate Court.
  Access official Magistrate Court forms

The official body handling tenancy disputes or small claims related to security deposits in New Mexico is the New Mexico Magistrate Court system.

What if You Don’t Get Your Deposit Back?

If your landlord fails to return your deposit or provide a written statement of deductions within 30 days, you have legal options:

• Send a written demand for payment (see forms above).
• If there’s still no response, file a claim in your local Magistrate Court.
• You may be awarded up to twice the amount wrongfully withheld if the court finds the landlord acted in bad faith.

Tip: Always communicate in writing with your landlord and save copies. This documentation helps if you need to file a claim.

FAQ: Security Deposit Rights for New Mexico Renters

1. How much can my landlord charge for a security deposit in New Mexico?
   For leases under one year, no more than one month’s rent. Longer leases have no limit, but larger deposits must pay interest.
2. Can my landlord keep my deposit if I move out early?
   They may keep some or all of it if you break the lease without proper notice or agreement, but must follow state law for any deductions.
3. What can I do if my landlord doesn’t return my security deposit on time?
   Send a written demand, then file a claim in Magistrate Court if necessary. You could be awarded double the withheld amount if the landlord is at fault.
4. Is my landlord required to do a move-out inspection with me?
   No, but you can request one to discuss potential deductions and document the apartment’s condition.
5. What happens to interest earned on larger deposits?
   For deposits over one month’s rent (with leases over a year), your landlord must pay annual interest to you.

Summary: Key Takeaways for New Mexico Renters

• Return the rental clean and in good condition, document everything, and send written notice before moving out.
• Your landlord must return your deposit or explain deductions within 30 days. If not, you have rights through Magistrate Court.
• Use official forms and communicate in writing for the best chance of a full refund.

Need Help? Resources for Renters in New Mexico

• New Mexico Courts: Find Your Magistrate Court – File small claims or seek information
• New Mexico Department of Finance and Administration: Tenant Handbook – Official guide for renters (with sample forms)
• Read the Uniform Owner-Resident Relations Act – Complete law text
• Toll-Free Legal Helpline: 1-833-LGL-HELP – Free legal assistance for New Mexico residents

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1. See: NM Tenant Handbook and Uniform Owner-Resident Relations Act.
2. NM Statutes Chapter 47, Article 8, Section 18: Deposit return rule.

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