New Mexico Security Deposit Demand Letter
In New Mexico an owner must give you an itemized list of deductions within 30 days. Miss it and the owner forfeits the right to withhold and owes court costs and fees, plus $250 for bad faith. Attorney review available.
Introduction
A security deposit demand letter is a written demand a New Mexico tenant sends a former landlord to recover a security deposit that has not been returned, before filing in court. In New Mexico, under NMSA 1978 Section 47-8-18, the owner must provide the resident with an itemized written list of the deductions from the deposit and the balance of the deposit, if any, within 30 days of the date of termination of the rental agreement or resident departure, whichever is later. An owner who fails to provide that list within 30 days forfeits the right to withhold any portion of the deposit and is liable to the resident for court costs and reasonable attorneys' fees. An owner who in bad faith retains a deposit is liable for a civil penalty of $250 payable to the resident; New Mexico adds no two or three times multiplier. The deposit may be applied only to recover damages caused to the premises by the resident, and no deposit may be retained to cover normal wear and tear (Section 47-8-18). If the demand is ignored, a New Mexico tenant can sue in magistrate court, where the civil limit is $10,000 (NMSA 1978 Section 35-3-3). DocDraft builds your New Mexico security deposit demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
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A security deposit demand letter is a written demand a New Mexico tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the owner to court.
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The owner must provide an itemized written list of the deductions and the balance of the deposit within 30 days of termination of the rental agreement or resident departure, whichever is later (NMSA 1978 Section 47-8-18).
- 3
An owner who fails to provide that list within 30 days forfeits the right to withhold any portion of the deposit and is liable to the resident for court costs and reasonable attorneys' fees (NMSA 1978 Section 47-8-18).
- 4
An owner who in bad faith retains a deposit is liable for a civil penalty of $250 payable to the resident; New Mexico adds no two or three times multiplier (NMSA 1978 Section 47-8-18).
- 5
The deposit may be applied only to recover damages caused to the premises by the resident during the term of residency (NMSA 1978 Section 47-8-18).
- 6
No deposit may be retained to cover normal wear and tear (NMSA 1978 Section 47-8-18).
- 7
If the demand is ignored, a New Mexico tenant can sue in magistrate court, where the civil limit is $10,000 (NMSA 1978 Section 35-3-3).
Key decisions before you file
Before you file a Security Deposit Demand Letter in New Mexico, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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New Mexico Requirements for Security Deposit Demand Letter
30-Day Itemized List Deadline
In New Mexico the owner must provide an itemized written list of the deductions and the balance of the deposit within 30 days of termination of the rental agreement or resident departure, whichever is later (NMSA 1978 Section 47-8-18). Your demand letter should state that this deadline has passed.
Missing List Forfeits the Right to Withhold
An owner who fails to provide the itemized list within 30 days forfeits the right to withhold any portion of the deposit and is liable to the resident for court costs and reasonable attorneys' fees (NMSA 1978 Section 47-8-18). A late or missing list defeats the deductions.
$250 Bad-Faith Civil Penalty, No Multiplier
An owner who in bad faith retains a deposit is liable for a civil penalty of $250 payable to the resident (NMSA 1978 Section 47-8-18). New Mexico adds no two or three times multiplier; the remedy is forfeiture, fees, and the $250 bad-faith penalty.
Permitted Use of the Deposit
A New Mexico deposit may be applied only to recover damages caused to the premises by the resident during the term of residency (NMSA 1978 Section 47-8-18). Charges outside that basis, and any charge not itemized within 30 days, can be disputed.
No Deposit Retained for Normal Wear and Tear
No deposit may be retained to cover normal wear and tear (NMSA 1978 Section 47-8-18). Charges for ordinary use, such as worn carpet or faded paint, are not a permitted basis to keep the deposit and can be disputed in your demand letter.
Deposit Cap for Leases Under One Year
For a rental agreement of less than one year, the owner may not demand a deposit greater than one month's rent, and where a larger deposit is required the owner must pay the resident annual interest at the passbook rate (NMSA 1978 Section 47-8-18).
Send With Proof of Delivery and a Forwarding Address
Send the demand to the owner's address using a trackable method such as certified mail with return receipt, and provide your forwarding address. Keep a copy of the letter and the delivery record for a later magistrate court filing.
Magistrate Court Limit
New Mexico has no separate small claims court; a money claim is filed in magistrate court, where the civil limit is $10,000 (NMSA 1978 Section 35-3-3). Filing promptly after the demand deadline passes is the practical course.