New Mexico Security Deposit Demand Letter
In New Mexico, a landlord has 30 days after move-out to return the deposit or send an itemized list of deductions (as of 2026; source: N.M. Stat. §47-8-18). This letter cites that deadline, states the amount and your forwarding address, and gives the landlord a date to respond before you file. Free, no signup.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
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New Mexico deposit rules at a glance
- Return deadline
- 30 days after move-out
- Deposit cap
- 1 month's rent (leases under 1 yr; no cap on longer)
As of 2026. Source: N.M. Stat. §47-8-18 ↗. Want the exact due date? Use the deposit return calculator.
Frequently asked questions
How long does a New Mexico landlord have to return the deposit?
30 days after you move out, as of 2026 (source: N.M. Stat. §47-8-18). Counted in calendar days; check the statute for whether the clock starts at move-out, lease end, or receipt of your forwarding address, and whether a weekend deadline rolls over. Use the deposit return calculator to get the exact date.
Is there a limit on how much deposit a New Mexico landlord can charge?
Yes: 1 month's rent (leases under 1 yr; no cap on longer) (as of 2026; source: N.M. Stat. §47-8-18). If you paid more than the cap, say so in the letter; the excess is usually recoverable too.
How much can I sue for in New Mexico if the landlord ignores this?
New Mexico has no separately named statewide 'small claims court.' Magistrate Courts hear civil actions — contract, tort, landlord/tenant — up to $10,000 exclusive of interest and costs (NMSA 1978 § 35-3-3). In Bernalillo County (Albuquerque) the Metropolitan Court fills this role with the same $10,000 civil cap (NMSA § 34-8A-3). The court is the Magistrate Court (Bernalillo County Metropolitan Court in Albuquerque), and the filing fee is $77 civil filing fee in Bernalillo County Metropolitan Court (metro.nmcourts.gov); magistrate courts charge approximately the same — secondary sources report $77–$87 statewide. As of 2026; source: NMSA 1978 § 35-3-3 (Magistrate Court); NMSA 1978 § 34-8A-3 (Metropolitan Court).
Do I need a lawyer in New Mexico small claims?
Attorneys are Allowed but not required; parties may self-represent and there is no small-claims attorney bar. Source: NMSA 1978 § 35-3-3 (Magistrate Court); NMSA 1978 § 34-8A-3 (Metropolitan Court) (as of 2026).
Deposit rules in every state, cited to statute: security deposit limits by state.
How New Mexico compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for New Mexico: N.M. Stat. §47-8-18 ↗.
- Deposit return deadline
Deposit return deadline: 30 days, exactly the national median.
This is the most common figure nationally — shared by 26 other states.
Deposit return deadline in neighboring states — Arizona (14 days), Colorado (30 days), Oklahoma (45 days), Texas (30 days), Utah (30 days).
The rest of what New Mexico requires
The figures below are New Mexico's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full New Mexico page for that document.
- Security deposit cap · as of 2026
- 1 month's rent (leases under 1 yr; no cap on longer) N.M. Stat. §47-8-18 ↗
- Deposit return deadline · as of 2026
- 30 days after move-out N.M. Stat. §47-8-18 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 30 days N.M. Stat. §47-8-18 ↗
- Notice for unpaid rent · as of 2026
- 3 days to pay or quit N.M. Stat. Ann. § 47-8-33; § 47-8-37 ↗
- Notice to cure a lease violation · as of 2026
- 7 days N.M. Stat. Ann. § 47-8-33; § 47-8-37 ↗
- Small claims limit · as of 2026
- $10,000 NMSA 1978 § 35-3-3 (Magistrate Court); NMSA 1978 § 34-8A-3 (Metropolitan Court) ↗
- Where you file · as of 2026
- Magistrate Court (Bernalillo County Metropolitan Court in Albuquerque) · filing fee $77 civil filing fee in Bernalillo County Metropolitan Court (metro.nmcourts.gov); magistrate courts charge approximately the same — secondary sources report $77–$87 statewide NMSA 1978 § 35-3-3 (Magistrate Court); NMSA 1978 § 34-8A-3 (Metropolitan Court) ↗
- Rental application fee · as of July 2026
- Capped at $50 screening fee (eff. 9/20/2025) New Mexico Legislature ↗
- Bill of sale notarization · as of 2026
- Not required New Mexico MVD (Form MVD-10009) ↗
- Power of attorney signing · as of 2026
- Notarization recommended N.M. Stat. §45-5B-105 (form §45-5B-301) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules NMSA 1978, § 53-19-2(O) (definition) ↗
- Recording a deed · as of 2026
- County Clerk · no witnesses NMSA 1978, § 14-8-4 ↗
Security deposit demand letter in other states
More New Mexico legal forms
Different state? See security deposit demand letters by state →