How much can a landlord charge for a security deposit in New Mexico?
In New Mexico, the security deposit rule is: 1 month (month-to-month); no limit for longer leases. Governed by N.M. Stat. Ann. §§ 47-8-1 to 47-8-51.
Lease Review / New Mexico
New Mexico Tenant Rights & Lease Laws
Key tenant protections under New Mexico law — security deposit limits, landlord entry rules, and your rights when something goes wrong.
Security deposit limit
1 month (month-to-month); no limit for longer leases
Deposit must be returned within
30 days after move-out
Landlord entry notice required
24 hours notice
Key tenant protections in New Mexico
- Landlord must provide itemized written statement of deductions
- Tenant can recover twice the deposit for wrongful withholding
- Warranty of habitability implied in all residential leases
- Retaliation against tenants for asserting rights is prohibited
Governing statute
N.M. Stat. Ann. §§ 47-8-1 to 47-8-51
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How long does a landlord have to return a security deposit in New Mexico?
New Mexico landlords must return the security deposit within 30 days after move-out. If deductions are made, the landlord must typically provide an itemized written statement.
How much notice does a landlord need to enter a rental in New Mexico?
In New Mexico, landlords are required to give 24 hours notice before entering the rental unit, except in emergencies.
What can I do if my New Mexico landlord won't return my deposit?
If your landlord in New Mexico wrongfully withholds your security deposit, you can file a claim through the small claims court. Local law may allow you to recover damages beyond the deposit amount. Document everything and send written demand letters before filing a claim.