New Mexico security deposit demand letter
Create a New Mexico security deposit demand letter using the residential-deposit rules verified July 24, 2026. The form checks the facts that control statutory coverage, the return clock, itemization, notice, and any qualified remedy before it inserts state-law text.
Go to the formCommon questions about New Mexico security deposit return demand letters
What law governs a residential security deposit in New Mexico?
The governing residential deposit statute is NMSA 1978, § 47-8-18, principally subsections C–E. The citation is used only after the factual scope questions confirm that the ordinary residential rule applies. Verified July 24, 2026. Source: New Mexico Compilation Commission — official laws portal; NMSA 1978 § 47-8-18 (2025 compiled text).
When is a security deposit or accounting due in New Mexico?
The deadline is 30 calendar days after the later of termination of the rental agreement or resident departure. No tenant demand or forwarding-address event starts the clock. Verified July 24, 2026. Source: New Mexico Compilation Commission — official laws portal; NMSA 1978 § 47-8-18 (2025 compiled text).
What itemization or documentation is required in New Mexico?
Itemization is generally required for deposit deductions, but Bruce v. Attaway recognizes an exception when the deposit is applied solely to a fixed, undisputed deficient-rent payment. Verified July 24, 2026. Source: NMSA 1978 § 47-8-18 (2025 compiled text); Bruce v. Attaway, 1996-NMSC-030.
What remedy may apply if a New Mexico landlord does not comply?
Missing the statutory statement/balance deadline causes forfeiture of the right to withhold the deposit, counterclaim in the deposit action, and an independent property-damage action, plus court costs and reasonable attorney fees. The deadline forfeitures do not state a culpability element; the additional $250 penalty requires bad-faith retention. Verified July 24, 2026. Source: New Mexico Compilation Commission — official laws portal; NMSA 1978 § 47-8-18 (2025 compiled text).
Does New Mexico require a demand, delivery method, or prescribed form?
The cited law does not prescribe tenant demand is required and no special tenant-demand delivery method. No prescribed resident-demand form or mandatory language applies. Verified July 24, 2026. Source: New Mexico Compilation Commission — official laws portal; NMSA 1978 § 47-8-18 (2025 compiled text).
Create a New Mexico security deposit demand letter
Legal basis
New Mexico Compilation Commission — official laws portal; NMSA 1978 § 47-8-18 (2025 compiled text); Stodgell v. Weissman, 2024-NMCA (opinion)
The governing residential deposit statute is NMSA 1978, § 47-8-18, principally subsections C–E.
Official sources: New Mexico Compilation Commission — official laws portal; NMSA 1978 § 47-8-18 (2025 compiled text) · Verified July 24, 2026