New Mexico Security Deposit Demand Letter
A free New Mexico security deposit demand letter that follows New Mexico law. Fill in the boxes, check the rules below, then print or copy it. Keep a copy and proof of how you sent it.
What New Mexico law says
| Deposit return deadline | Within 30 days of the end of the rental agreement or the resident's departure, whichever is later Source: NMSA 1978, § 47-8-18(C) |
|---|---|
| Itemized deductions | If any amount is kept, the owner must give an itemized written list of deductions and the balance within 30 days. No deductions for normal wear and tear; allowed for unpaid rent/utilities, repair work and other legitimate damages from the resident's noncompliance. Source: NMSA 1978, § 47-8-18(C) |
| Penalty for withholding | Missing the 30-day statement: owner forfeits the right to withhold any part of the deposit, to counterclaim in a suit to recover it, and to sue separately for property damage, and owes the resident's court costs and reasonable attorney's fees. Bad-faith retention: additional $250 civil penalty payable to the resident. Source: NMSA 1978, § 47-8-18(D)-(E) |
| Wear and tear / move-out charges | 'Normal wear and tear' means deterioration from the intended use of the unit without negligence, carelessness, accident, abuse, or intentional damage by residents or anyone on the premises with the resident's consent; uncleanliness is not normal wear and tear. No deposit may be retained to cover normal wear and tear. At move-out the resident must leave the unit as clean as at move-in, except for ordinary wear and tear. |
Fill in your letter
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To: [landlord or manager name], [landlord address]
From: [your name], former tenant at [rental address]
I moved out and returned the keys on [move-out date]. I paid a security deposit of $[deposit amount]. I gave you my forwarding address in writing on [date you gave your address].
Under NMSA 1978, § 47-8-18(C), a landlord must return the deposit, or send an itemized list of lawful deductions, by the deadline set in that law. I have not received [the deposit / an itemized list].
Please send $[amount owed] to [forwarding address] within [number] days of this letter.
If I do not receive it, I plan to file a claim in small claims court and ask for any additional amount allowed by NMSA 1978, § 47-8-18(D)-(E).
Date: [today's date]
Tenant: [your name]
Signature: ____________________
How to send it: use a method you can prove — certified mail with return receipt, or email/text if your lease allows notices that way. Write down the date.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.