New Mexico Move-Out Cleaning Standards for Renters

When your lease in New Mexico comes to an end, understanding the legal cleaning standards can help ensure a smooth move-out, avoid unnecessary charges, and secure the return of your security deposit. This guide breaks down what New Mexico law expects from renters, what landlords can (and cannot) require, and how you can protect yourself during the move-out inspection process.

What Does “Clean” Mean When You Move Out in New Mexico?

Under New Mexico law, renters are expected to leave the rental property in the same condition as when they moved in, except for normal wear and tear. Normal wear and tear refers to the gradual deterioration of the unit through ordinary use (like worn carpet or minor scuffs), not damages or excessive dirt caused by neglect or misuse.^[1]

• Remove all personal belongings and garbage.
• Wipe down all surfaces, including counters and appliances.
• Vacuum and/or mop floors.
• Clean bathroom fixtures and toilets.
• Address any stains, marks, or excessive build-up caused during your tenancy.

Landlords cannot require the unit to be returned in better condition than at move-in, nor deduct from your deposit for minor wear consistent with normal use.

The Move-Out Inspection Process in New Mexico

New Mexico does not mandate a walk-through inspection before or at move-out, but it is strongly recommended for renters and landlords to do one together. This process helps clarify any cleaning or repair needs and builds a record to protect both parties.

• Request a walk-through with your landlord after you’ve finished cleaning.
• Take timestamped photos of all rooms and appliances after cleaning.
• Check your move-in inspection report or checklist to compare conditions.

If you disagree with the landlord’s cleaning claims, you can contest deductions from your deposit using your documentation.

Security Deposit: What Can Be Deducted for Cleaning?

Landlords can only keep part of your security deposit for cleaning if you leave the property dirtier than when you moved in, or if there’s damage beyond normal wear and tear. Within 30 days of lease end, they must provide an itemized list of deductions.^[2]

Official Forms: Move-In/Move-Out Inspection Checklist

• Move-In/Move-Out Inspection Checklist
  Form Name: Move-In/Move-Out Checklist (no official form number)
  Use: While not legally required by the State of New Mexico, this checklist helps document the condition of the property. It is often provided by your landlord at move-in and should be compared at move-out. If your landlord does not have a checklist, you can use the sample form from the New Mexico Regulation & Licensing Department.
  Example: Suppose you find scuffs on a wall at move-out, but they were already there at move-in. By referring to your initial checklist, you can show you’re not responsible.

Your Rights and Recourse If Disputes Arise

If you believe the landlord is unfairly withholding your deposit for cleaning, you have the right to:

• Request a written, itemized list of deductions within 30 days of move-out.
• Contest deductions by sending a demand letter, including your cleaning photos and original checklist.
• File a claim in your local Magistrate Court to recover your deposit if the landlord does not provide the list or refuses to return your deposit.^[3]
  Find your local court and forms on the New Mexico Magistrate Court website.

Understanding “Normal Wear and Tear” in New Mexico

Normal wear and tear covers items such as worn carpets, faded paint, or loose door handles. It does not include stains, pet damage, or filth that results from neglect. The New Mexico Uniform Owner-Resident Relations Act provides guidance on what may (and may not) be deducted from your security deposit.^[1] You can review the law in the Uniform Owner-Resident Relations Act for clarity.

1. What cleaning is required when moving out of a New Mexico rental?
   Renters must remove trash, clean floors and surfaces, and return the unit to its move-in condition, minus normal wear and tear.
2. Can my landlord use my security deposit for cleaning?
   Yes, but only if you leave the rental significantly dirtier than at move-in or there’s excessive grime. They must provide an itemized list of deductions within 30 days.
3. Is a move-out inspection with my landlord mandatory?
   No, but it is highly recommended for both parties. You can request it, and it helps prevent disputes.
4. What if I disagree with cleaning charges?
   Gather evidence (photos, checklists) and challenge the deductions in writing. If unresolved, you may file a claim in local Magistrate Court.
5. Where can I find a move-in/move-out checklist?
   You can use the New Mexico Regulation & Licensing Department’s sample checklist.

Need Help? Resources for Renters

• New Mexico Real Estate Commission – Consumer Resources
• Uniform Owner-Resident Relations Act (full legislation)
• New Mexico Magistrate Court – Filing for Security Deposit Disputes
• New Mexico Mortgage Finance Authority – Tenant Rights & Resources
• Law Help New Mexico – Free Legal Assistance

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1. See Uniform Owner-Resident Relations Act, NMSA 1978, Section 47-8-18
2. See Security Deposits: Duties and Deductions in Section 47-8-18
3. New Mexico Magistrate Court info and forms: Official site here

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