If you’ve recently moved out of a rental in New Mexico, you’re probably wondering when your security deposit will be returned—and what your landlord is allowed to keep.
Here’s what the law says and what you can do if things don’t go as expected.
🕒 The 30-Day Rule
In New Mexico, landlords are required by law to return your security deposit within 30 days after the lease ends and you’ve moved out.
That 30-day window gives the landlord time to:
- Inspect the unit
- Make any allowable deductions
- Prepare a written list of those deductions (if any)
- Send you the remaining deposit or a full refund
✅ What Can Be Legally Deducted?
Your landlord can subtract costs for:
- Unpaid rent
- Damage beyond normal wear and tear
- Cleaning, if the unit isn’t left in reasonably clean condition
But they cannot deduct for normal wear (like faded paint or minor scuffs) or repairs that are their legal responsibility.
💡 Tip: Take photos of the unit before you leave, and keep a copy of your move-out notice and lease agreement.
📬 What Should You Expect?
If your landlord keeps part (or all) of your deposit, they must provide a written, itemized list of deductions—this should include details and receipts or estimates.
If you don’t receive anything within 30 days, you may be entitled to:
- A full return of your deposit
- Damages equal to the amount withheld, if the landlord acted in bad faith
🛠️ What to Do If Your Deposit Isn’t Returned
- Send a written demand asking for your deposit and referencing the 30-day deadline.
- Contact New Mexico Legal Aid if you need support or legal guidance.
- Consider filing a claim in Magistrate or Metropolitan Court if your landlord refuses to comply.
Bottom Line
Your landlord has 30 days after your lease ends to return your security deposit—minus any valid deductions. If that doesn’t happen, you have every right to take action and protect your money.