You’ve packed your boxes, cleaned the apartment, and turned in your keys—now you’re waiting for your security deposit. But when it comes back with deductions (or doesn’t come back at all), it’s important to understand what your landlord is legally allowed to charge you for.
In New Mexico, landlords can’t just keep your deposit without reason. Here’s what they can deduct—and what they can’t.
✅ Allowed Deductions
- Unpaid Rent If you moved out owing rent, your landlord has the right to take that amount out of your deposit.
- Damage Beyond Normal Wear and Tear This includes things like:
- Holes in the wall from more than just picture nails
- Broken appliances
- Pet damage (if not agreed to in advance)
- Stains, burns, or broken fixtures
- Cleaning Costs If the unit is left significantly dirty or messy, your landlord can charge for cleaning. But the key term is “reasonably clean condition.” You don’t have to leave it spotless, but you should return it in a state that’s ready for the next tenant.
❌ Not Allowed
Landlords cannot deduct for:
- Routine maintenance
- Upgrades (like replacing a working appliance just for aesthetic reasons)
- Repainting unless there’s damage
They also can’t charge you for issues that were already there when you moved in—this is why having a move-in checklist with photos is so important!
When Should You Get Your Deposit Back?
In New Mexico, your landlord has 30 days after you move out to:
- Return your deposit
- Or send you a written list of deductions with any remaining balance
If they don’t, you may be entitled to your full deposit back—and possibly more.
Final Tip: Protect Yourself
Before you move out:
- Take clear photos of the entire unit
- Clean thoroughly
- Request a move-out walkthrough if possible
- Leave a forwarding address in writing
If you don’t receive your deposit or you believe you were unfairly charged, you can reach out to New Mexico Legal Aid or file a claim in Magistrate or Metropolitan Court.