Does New Mexico require landlords to provide a move-in inspection checklist?

No, New Mexico does not require landlords to provide an inspection checklist, but creating and using one is recommended.

What if my landlord refuses to sign my documentation?

If your landlord won't sign, send copies by mail or email and keep records of your communication.

Can I use photos or videos as deposit dispute evidence?

Yes. Courts in New Mexico accept date-stamped photos or videos and written checklists as strong evidence.

What should I do if I find more damage after moving in?

Document the issue with photos and notify your landlord in writing as soon as possible, keeping all records.

Which court handles rental deposit disputes in New Mexico?

Rental disputes are usually handled in New Mexico Magistrate or Metropolitan Courts.

How to Document Existing Rental Damage in New Mexico

Moving In: Inspections & Disclosures New Mexico published: June 21, 2025

Moving into a new rental home in New Mexico is exciting, but it's important to protect your rights—and your security deposit. One of the first and most important steps is carefully documenting any existing damage in your unit at move-in. This guide explains how New Mexico renters can properly record the condition of a rental to avoid being wrongly charged later for damages that weren't your fault.

Why Documenting Existing Damage Matters

Under New Mexico rental laws, security deposits can be used to repair damage beyond normal wear and tear. Accurately documenting any pre-existing issues at move-in helps ensure you're not held financially responsible for problems you didn't cause. Thorough records provide valuable evidence if a deposit dispute arises when you move out.

Key Steps to Document Damage When Moving In

Here's how to create a clear and effective record of your rental's condition at move-in:

Request and complete a Move-In Inspection Checklist. New Mexico law doesn't require a specific state form, but many landlords will provide their own. If not, you can use a general template. Document everything from appliances to walls, floors, windows, fixtures, and outdoor areas.
New Mexico Mortgage Finance Authority offers rental resources that may include sample checklists.
Take detailed photos or videos. Date-stamped visual documentation is invaluable. Capture each room from several angles and close-ups of any damage (like scratches, stains, chipped paint, or malfunctioning appliances).
Describe damage in writing. Be clear and specific about the location, size, and nature of issues. Note anything missing, broken, dirty, or not working properly.
Share your documentation with your landlord/manager. Provide a copy of your checklist and photos/videos, ideally with both you and the landlord signing and dating the checklist. Save all communications.
Keep your own copies. Never rely on your landlord’s records alone.

Move-In/Move-Out Condition Checklist: When and How to Use

While New Mexico does not mandate an official Move-In Condition form, most landlords use some kind of checklist to note rental conditions upon move-in and move-out. If your landlord provides a checklist:

Review the entire unit together and agree (in writing) on the rental’s initial condition.
The signed checklist should be referenced if deposit deductions are proposed at move-out for alleged damages.

If your landlord does not offer a form, create your own move-in checklist. A practical example: You notice a cracked bathroom tile and stained carpet in the living room. Note these precisely (“cracked tile behind bathroom toilet; brown stain, 6" diameter, next to living room window”) and back up with clear photos. Share this list and photos with the landlord within the first days of your tenancy.

For templates, see the New Mexico Renters Resource page. There is no statewide official checklist, but using a thorough, itemized form is a best practice for both parties.

What New Mexico Law Says About Inspections & Security Deposits

Security deposits in New Mexico are regulated by the Uniform Owner-Resident Relations Act. While the Act doesn't require landlords to conduct move-in inspections, it does require any deductions from security deposits to be for damages beyond normal wear and tear, and the landlord must provide an itemized written statement of any deductions within 30 days of move-out.^[1]

If possible, always perform your inspection with the landlord present and get all documentation signed by both parties. This can help resolve deposit disputes fairly and quickly.

Which Tribunal Handles Rental Disputes?

In New Mexico, rental deposit and damages disputes are generally handled in local Magistrate or Metropolitan Courts. You can file a claim if you and your landlord disagree over deposit deductions after moving out.

Action Steps: How to Document Existing Rental Damage in New Mexico

Request your landlord's official move-in inspection form or checklist (if available).
Complete a written checklist and take date-stamped photos/videos of every room and issue.
Share the documentation with your landlord, and request their signature and the date.
Save your records for your entire tenancy—these are vital if a dispute arises later.

Accurate documentation made at move-in greatly reduces stress and uncertainty at move-out. Taking these steps is one of the most effective ways to safeguard your security deposit.

FAQs: Documenting Existing Rental Damage in New Mexico

Does New Mexico require landlords to provide a move-in inspection checklist?
No, but it is a best practice and highly recommended for both landlords and tenants to use a move-in checklist as part of the move-in process.
What if my landlord refuses to sign my documentation?
Send them copies by mail or email and keep a record of your attempt. You can still use your records in court if needed.
What should I do if I discover more damage after moving in?
Notify your landlord in writing as soon as possible, document the issues with photos, and save all communications.
Are photos and videos accepted as evidence in deposit disputes?
Yes. Date-stamped photos/videos, along with a written checklist, are excellent evidence for New Mexico courts.
How soon should I complete the inspection after moving in?
Do your inspection and submit your checklist as soon as possible—ideally before or just after you move in your belongings.

Conclusion: Key Takeaways

Accurately documenting your rental’s condition at move-in protects your deposit and helps prevent misunderstandings.
Use a written checklist plus date-stamped photos, and share your records with your landlord.
New Mexico law covers deposit deductions under the Uniform Owner-Resident Relations Act; maintain your documentation in case of a dispute.