New Mexico security deposit laws are detailed under the New Mexico Statutes Annotated Chapter 47, Article 8. These laws provide clear guidelines on how landlords must handle security deposits, ensuring both landlords and tenants are aware of their rights and responsibilities under New Mexico law. Please note that rules and regulations may vary by municipality.
Term < 1 Year: 1x monthly rent
Annual agreement: If greater than 1x monthly rent, landlord is required to pay to the resident annually an interest equal to the passbook interest permitted to savings and loan associations in this state by the federal home loan bank board on such deposit
Landlords in New Mexico are not required to hold security deposits in a separate account or segregate them from their personal funds. The deposit may be commingled with other funds.
Within 10 days of receiving the deposit, landlords must inform tenants of where the deposit is held if it is in a financial institution. This notice should include the name and address of the institution.
If a residential landlord requires more than one month’s rent as a security deposit, the landlord must pay the tenant annual interest equal to the passbook interest permitted to savings and loan associations in New Mexico by the federal home loan bank board.
Landlords must return the security deposit, along with an itemized list of any deductions, within 30 days after the tenant vacates the property.
When returning the security deposit, landlords must provide an itemized statement detailing each deduction and return any remaining balance of the deposit along with the itemized statement to the tenant’s forwarding or last known address.
If the tenant does not provide a forwarding address, the landlord should send the deposit to the tenant’s last known address.
If the tenant disputes the deductions, they may file an action in small claims court.
Landlords in New Mexico can deduct from the security deposit for:
If a landlord fails to return the security deposit or provide an itemized list of deductions within the 30-day period, the tenant may sue for the deposit amount and possibly additional damages. The tenant may also recover court costs and attorney’s fees if they prevail in court.
Abandonment: If the tenant abandons the property, the landlord may keep the deposit for unpaid rent and damages but must follow procedures for returning any remaining balance.
Sale of Property: If the property is sold, the landlord must transfer the security deposit to the new owner, who then assumes responsibility for returning it to the tenant.
DISCLAIMER: Security deposit laws may vary by county or municipality. The information provided by Build Whale, Inc. is for general informational purposes only and should not be construed as legal advice. It is not a substitute for consultation with a qualified attorney. While we strive to provide accurate and up-to-date information, Build Whale, Inc. makes no guarantees or warranties regarding the accuracy, completeness, or reliability of the information presented.