Landlord & Housing · free generator
New Mexico Security Deposit Demand Letter
You moved out, you left the place in decent shape, and your deposit still has not come back. In New Mexico, that is not a judgment call: under New Mexico Statutes Annotated section 47-8-18 (Uniform Owner-Resident Relations Act), your former landlord generally has 30 days to return your deposit or send an itemized statement of deductions. This generator produces a demand letter that cites NMSA 1978, § 47-8-18 by name, states the legal deadline, and puts your landlord on notice that small claims court — where New Mexico hears claims up to $10,000 — is the next stop. You do not need perfect English or a lawyer for this; the statute does the arguing. Fill in the blanks below, send it by certified mail, and keep a copy — the letter that cites the actual law is the one that gets answered.
[Date]
[Your former landlord's name]
Re: Demand for return of security deposit — [Rental property address]
Dear [Your former landlord's name],
I am writing to formally demand the return of my security deposit of [Deposit amount] for the property at [Rental property address], which I have vacated and returned to your possession.
Under New Mexico Statutes Annotated section 47-8-18 (Uniform Owner-Resident Relations Act) (NMSA 1978, § 47-8-18), you were required to return my security deposit, or provide a written itemized statement of any lawful deductions, within 30 days. Yes - an itemized written list of deductions together with the balance of the deposit must be provided within the 30-day window. Deductions for normal wear and tear are not permitted.
As of the date of this letter, I have received neither my deposit nor a lawful accounting for it. Please send the full amount of [Deposit amount] to my forwarding address: [Forwarding address for payment].
If I do not receive payment or a lawful written response within 10 days, I will file a claim in small claims court, where New Mexico law allows claims up to $10,000, and I will pursue every remedy available under NMSA 1978, § 47-8-18, including any statutory damages for wrongful retention.
I would prefer to resolve this without litigation. Prompt payment will close the matter.
Sincerely,
[Your full name]
Know your rights
Security deposit law in New Mexico
- Return deadline
- 30 days
- Governing statute
- NMSA 1978, § 47-8-18
- When the clock starts
- The itemized deduction list and remaining balance are due within 30 days of the termination of the rental agreement or the resident's departure, whichever is later.
- Itemized deductions
- Yes - an itemized written list of deductions together with the balance of the deposit must be provided within the 30-day window.
- If it's wrongfully kept
- A landlord who misses the 30-day itemization forfeits the right to withhold any portion of the deposit, to assert any counterclaim in the tenant's recovery suit, and to bring an independent damage action against the tenant, and is liable for the tenant's court costs and reasonable attorney fees. A landlord who retains a deposit in bad faith also owes the tenant a $250 civil penalty.
- Small claims limit
- $10,000 (Magistrate Court; Metropolitan Court in Bernalillo County)
Worth knowing: For leases shorter than one year, New Mexico caps the deposit at one month's rent. On an annual lease the landlord may demand more, but then owes you interest each year at the passbook savings rate on the deposit. Because the forfeiture penalty also kills the landlord's separate damage lawsuit and any counterclaim, a missed 30-day deadline is unusually powerful leverage here. Nothing may ever be retained for normal wear and tear.
Last reviewed August 2026 · General information, not legal advice · Read the statute
Field notes
Three tips before you send
- Send it by certified mail with a return receipt — that dated record is the first exhibit a New Mexico small claims judge will ask about. Keep a copy with your move-out photos and lease.
- The itemized deduction list and remaining balance are due within 30 days of the termination of the rental agreement or the resident's departure, whichever is later.
- If the deadline has already passed, skip the text-message negotiation. Filing in small claims ($10,000 (Magistrate Court; Metropolitan Court in Bernalillo County)) usually costs under $75, and most landlords pay between the summons and the hearing.
Other states
Deposit letters for every state
Straight answers
Questions people ask
How long does a landlord have to return a security deposit in New Mexico?
The itemized deduction list and remaining balance are due within 30 days of the termination of the rental agreement or the resident's departure, whichever is later. The governing statute is New Mexico Statutes Annotated section 47-8-18 (Uniform Owner-Resident Relations Act). Yes - an itemized written list of deductions together with the balance of the deposit must be provided within the 30-day window.
What can I recover if my landlord wrongfully keeps my deposit in New Mexico?
A landlord who misses the 30-day itemization forfeits the right to withhold any portion of the deposit, to assert any counterclaim in the tenant's recovery suit, and to bring an independent damage action against the tenant, and is liable for the tenant's court costs and reasonable attorney fees. A landlord who retains a deposit in bad faith also owes the tenant a $250 civil penalty. These cases are built for small claims court — the New Mexico limit is $10,000 (Magistrate Court; Metropolitan Court in Bernalillo County), filing fees are modest, and no lawyer is needed.
Anything else New Mexico renters should know about deposits?
For leases shorter than one year, New Mexico caps the deposit at one month's rent. On an annual lease the landlord may demand more, but then owes you interest each year at the passbook savings rate on the deposit. Because the forfeiture penalty also kills the landlord's separate damage lawsuit and any counterclaim, a missed 30-day deadline is unusually powerful leverage here. Nothing may ever be retained for normal wear and tear.
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