New Mexico Security Deposit Demand Letter (NMSA § 47-8-18)
Moved out and still waiting on your deposit? A clear, written demand is usually the first step — and often the last one needed. Answer the questions below and your letter fills itself in as you type.
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[Your forwarding address]
October 15, 2026
[Landlord or property manager name]
Re: Demand for return of security deposit — [Rental address]
Dear [Landlord or property manager name],
I was a tenant at [Rental address] and moved out on [Move-out date]. At the start of my tenancy I paid a security deposit of [Deposit amount ($)]. So far none of my deposit has been returned, and I have not received an itemized statement of deductions.
Under NMSA § 47-8-18, a landlord who keeps any part of a security deposit must provide an itemized written list of deductions, together with the balance, within 30 days after the rental agreement ends or the tenant moves out, whichever is later. A landlord who misses that deadline loses the right to withhold any part of the deposit.
Please send [Deposit amount ($)] to me at the forwarding address above within 14 days of the date of this letter. If you believe you are entitled to keep any part of the deposit, please send a written, itemized statement of each deduction, with copies of receipts or invoices.
If I have not received the deposit or a proper itemized statement by October 29, 2026, I intend to file a claim in small claims court, where I may ask for the deposit wrongfully withheld, a $250 civil penalty if it was kept in bad faith, and court costs and reasonable legal fees if no itemized statement was sent within 30 days.
I would prefer to resolve this without going to court, and I am keeping a copy of this letter and proof of mailing for my records.
Sincerely,
[Your full name]
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How security deposits work in New Mexico
In New Mexico, a landlord who keeps any part of a security deposit must send the tenant an itemized written list of deductions, along with the balance, within 30 days after the rental agreement ends or the tenant moves out, whichever is later. No part of the deposit may be kept to cover normal wear and tear. Deductions are limited to damage the tenant caused and other amounts owed under the agreement.
For rental agreements shorter than one year, the deposit can't exceed one month's rent. If a landlord collects more than one month's rent on an annual agreement, they must pay the tenant interest on the deposit. Giving your forwarding address in writing helps make sure the refund and itemized list reach you on time.
A landlord who misses the 30-day deadline loses the right to withhold any part of the deposit, can't counterclaim for damage in a suit over the deposit or bring a separate suit for damage to the rental, and is liable for the tenant's court costs and reasonable legal fees. A landlord who keeps a deposit in bad faith also owes a $250 civil penalty to the tenant.
What to do, step by step
Fill in your details
Answer the questions above. Your letter updates live as you type, so you can check every detail before you send it.
Send it in a way you can prove
Mail the letter by certified mail with return receipt and keep the receipt. If your lease lists an email address for notices, send a copy there too.
Wait for a reply
Give your landlord the 14 days stated in the letter. For reference, New Mexico's own deadline under NMSA § 47-8-18 is 30 days after move-out.
Gather your evidence
Collect your lease, move-in and move-out photos, any inspection checklist, rent receipts and every message about the deposit.
File in small claims if needed
If the deposit still doesn't come back, you can file in small claims court (New Mexico limit: $10,000). Bring this letter and your proof of mailing.
What if the landlord ignores the letter?
Silence doesn't end the matter. Your letter creates a dated record that you asked for the deposit back and gave a reasonable deadline — exactly what a small claims judge will want to see.
In New Mexico, the rules are set out in New Mexico Statutes Annotated § 47-8-18. If a landlord keeps a deposit without following them, a court may award the deposit wrongfully withheld, a $250 civil penalty if it was kept in bad faith, and court costs and reasonable legal fees if no itemized statement was sent within 30 days.
Small claims court is designed for people representing themselves: filing fees are modest, forms are short, and hearings are informal. In New Mexico the limit is $10,000, which covers nearly every deposit dispute.
Example New Mexico security deposit demand letter
A filled-in sample with made-up details, so you can see the finished result.
Jordan Rivera
88 Pine Ave, Springfield
October 5, 2026
Oakview Property Management
500 Market St, Suite 200, Springfield
Re: Demand for return of security deposit — 123 Elm St, Apt 4B, Springfield
Dear Oakview Property Management,
I was a tenant at 123 Elm St, Apt 4B, Springfield and moved out on August 31, 2026. At the start of my tenancy I paid a security deposit of $1,800.00. So far you have returned $300.00, leaving $1,500.00 outstanding.
Under NMSA § 47-8-18, a landlord who keeps any part of a security deposit must provide an itemized written list of deductions, together with the balance, within 30 days after the rental agreement ends or the tenant moves out, whichever is later. A landlord who misses that deadline loses the right to withhold any part of the deposit.
I returned all keys on August 31 and took dated photos of every room, which show the unit clean and undamaged apart from normal wear and tear.
Please send $1,500.00 to me at the forwarding address above within 14 days of the date of this letter. If you believe you are entitled to keep any part of the deposit, please send a written, itemized statement of each deduction, with copies of receipts or invoices.
If I have not received the deposit or a proper itemized statement by October 19, 2026, I intend to file a claim in small claims court, where I may ask for the deposit wrongfully withheld, a $250 civil penalty if it was kept in bad faith, and court costs and reasonable legal fees if no itemized statement was sent within 30 days.
I would prefer to resolve this without going to court, and I am keeping a copy of this letter and proof of mailing for my records.
Sincerely,
Jordan Rivera
Frequently asked questions
How long does a New Mexico landlord have to return a deposit?
30 days after the rental agreement ends or you move out, whichever is later. Within that time the landlord must return the deposit or send an itemized written list of deductions with the remaining balance.
What happens if my New Mexico landlord misses the deadline?
The landlord forfeits the right to withhold any part of the deposit, can't bring a counterclaim or a separate lawsuit for damage to the rental, and must pay your court costs and reasonable legal fees if you sue to recover the deposit.
Is there a bad-faith penalty in New Mexico?
Yes. A landlord who keeps a deposit in bad faith, in violation of the statute, is liable for a $250 civil penalty payable to the tenant, in addition to returning the money that was wrongfully withheld.
Where can I file a deposit claim in New Mexico?
Magistrate courts, and the Metropolitan Court in Bernalillo County, hear civil cases, including landlord-tenant disputes, of up to $10,000. These courts are set up for people representing themselves, so bring your lease, photos, this letter and proof of mailing.
Do I have to send a demand letter before going to small claims?
Many courts expect you to have asked for the money first, and a written demand is the simplest proof that you did. It also resolves a large share of disputes on its own.
How should I send the letter?
Use a method that gives you proof of delivery, such as certified mail with return receipt. Keep a copy of the letter and the receipt together.
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