Security Deposit Rules: Albuquerque vs Tijeras
How do security deposit rules rules compare between Albuquerque, NM and Tijeras, NM?
Albuquerque and Tijeras have similar restriction levels.
Albuquerque, NM
Bernalillo County
Under NMSA §47-8-18, Albuquerque landlords may take a security deposit of no more than one month's rent on leases shorter than one year, and must return the deposit with itemized deductions within 30 days of move-out.
View full Albuquerque rules →Tijeras, NM
Bernalillo County
Under New Mexico's Uniform Owner-Resident Relations Act, a landlord on a lease shorter than one year cannot collect more than one month's rent as a deposit. Annual leases have no fixed cap, but a deposit above one month's rent must earn interest. The deposit and an itemized statement are due within 30 days of termination.
View full Tijeras rules →Key Facts Comparison
| Fact | Albuquerque | Tijeras |
|---|---|---|
| Cap, leases under one year | One month's rent | - |
| Return deadline | 30 days after move-out | 30 days after termination of the rental agreement or resident departure, whichever is later |
| Itemization | Required | - |
| Statute | NMSA §47-8-18 | N.M. Stat. § 47-8-18 |
| Deposit cap | - | 1 month's rent for leases under one year; no cap for one year or more (interest required if over one month's rent) |
| Itemized statement | - | Required; itemized written list of deductions plus the balance |
| Penalty | - | Forfeits right to withhold deposit and to counterclaim; liable for court costs and attorneys' fees; $250 civil penalty for bad faith |
Highlighted rows indicate differences between cities.
Albuquerque FAQ
How much can my Albuquerque landlord charge for a security deposit?
On a lease shorter than one year, no more than one month's rent. On a one-year-or-longer lease there is no fixed cap, but the deposit must still be reasonable and disclosed.
What if my landlord does not return the deposit on time?
If the landlord misses the 30-day deadline or fails to itemize deductions, you can sue in metropolitan court to recover the full deposit, plus reasonable attorney fees and court costs.
Tijeras FAQ
How much can a landlord charge for a security deposit in New Mexico?
For a lease shorter than one year, no more than one month's rent. For a lease of one year or more, there is no fixed dollar cap, but if the deposit exceeds one month's rent the landlord must pay the tenant annual interest on it under N.M. Stat. § 47-8-18.
How long does a landlord have to return a security deposit in New Mexico?
Thirty days. The landlord must deliver an itemized written list of any deductions plus the remaining balance within 30 days of the date the rental agreement terminates or the resident departs, whichever is later.
What can a landlord deduct from a security deposit in New Mexico?
Unpaid rent and the cost of repairing damage beyond ordinary wear and tear. Each deduction must appear on the itemized written list provided within 30 days; missing that deadline forfeits the right to withhold any of the deposit.
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