New Mexico Statewide Rule
New Mexico Security Deposit Law (N.M. Stat. § 47-8-18)
Key Facts
- 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)
- Return deadline
- 30 days after termination of the rental agreement or resident departure, whichever is later
- Itemized statement
- Required; itemized written list of deductions plus the balance
- Statute
- N.M. Stat. § 47-8-18
- Penalty
- Forfeits right to withhold deposit and to counterclaim; liable for court costs and attorneys' fees; $250 civil penalty for bad faith
Summary
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.
An owner is permitted to demand from the resident a reasonable deposit to be applied by the owner to recover damages, if any, caused to the premises by the resident during his term of residency. (1) Under the terms of an annual rental agreement, if the owner demands or receives of the resident such a deposit in an amount greater than one month's rent, the owner shall be 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. (2) Under the terms of a rental agreement of a duration less than one year, an owner shall not demand or receive from the resident such a deposit in an amount in excess of one month's rent.
Full Breakdown
N.M. Stat. § 47-8-18 governs deposits. For short terms it states: "Under the terms of a rental agreement of a duration less than one year, an owner shall not demand or receive from the resident such a deposit in an amount in excess of one month's rent." Annual agreements have no dollar cap, but if the deposit exceeds one month's rent the owner must pay the resident "annually an interest equal to the passbook interest permitted to savings and loan associations." The owner must provide an itemized written list of deductions and the balance within 30 days of termination of the rental agreement or the resident's departure, whichever is later.
Violations & Penalties
If the owner fails to provide the itemized statement and balance within 30 days, the owner forfeits the right to withhold any part of the deposit, forfeits the right to assert a counterclaim in any action to recover it, and is liable for court costs and reasonable attorneys' fees (N.M. Stat. § 47-8-18). Bad-faith retention adds a $250 civil penalty.
Frequently Asked Questions
How much can a landlord charge for a security deposit in New Mexico?
How long does a landlord have to return a security deposit in New Mexico?
What can a landlord deduct from a security deposit in New Mexico?
Sources
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