Free New Mexico Security Deposit Itemization
Build a compliant New Mexico itemized deduction statement under NMSA § 47-8-18. The landlord must deliver the itemized written list of deductions and the balance of the deposit within 30 days of move-out, pay passbook-rate interest on any deposit above one month’s rent, and never itemize ordinary wear and tear.
A New Mexico security deposit itemization is the line-by-line written accounting a landlord must produce whenever any part of the deposit is kept at the end of a tenancy. Under NMSA § 47-8-18(C), when actual cause exists to retain any portion of the deposit the owner must provide the resident with an itemized written list of the deductions from the deposit and the balance of the deposit, if any, within 30 days of the date the rental agreement terminates or the resident departs, whichever is later. This itemization statement is the document that satisfies that requirement; if you also want a cover letter to transmit it, use our New Mexico security deposit return letter, and our New Mexico security deposit laws guide covers the wider framework.
Video: a plain-language walkthrough of the New Mexico deposit itemization – the 30-day itemized-list deadline under § 47-8-18, the passbook-rate interest rule, the no-wear-and-tear limit, and the forfeiture-and-penalty remedy.
Key Takeaways: New Mexico Deposit Itemization
- NMSA § 47-8-18(C) sets a hard 30-day clock. When the landlord keeps any portion of the deposit, the itemized written list of deductions and the balance are due within 30 days of the date the tenancy ends or the resident departs, whichever is later.
- Interest is owed only on larger deposits. A deposit greater than one month’s rent, allowed only on leases of one year or more, must earn annual interest equal to the passbook rate under subsection (A), paid to the tenant at the end of each rental year.
- No line item for wear and tear. The statute states plainly that no deposit shall be retained to cover normal wear and tear; only unpaid rent, tenant-caused damage beyond ordinary use, and reasonable cleaning may be itemized.
- Missing the deadline forfeits every deduction. A landlord who fails to send the itemized statement within 30 days forfeits the right to withhold, forfeits any counterclaim, is liable for the tenant’s court costs and attorneys’ fees under subsection (D), and a bad-faith withholding adds a two-hundred-fifty-dollar penalty under subsection (E).
Generate Your New Mexico Itemization Statement
Complete the form below to build an itemized deduction statement ready to print, sign, and send. Enter the original deposit, add any passbook-rate interest the law requires on a larger deposit, then itemize each deduction with a category and a specific description. The generator sums the deductions, subtracts them from the deposit plus interest, and calculates the refund due, or the balance the tenant still owes when the deductions exceed the deposit. Every figure you enter flows straight into the dated PDF statement, and the running total updates as you type.
✕Vague line items get disallowed
A single unlabeled “cleaning” or “repairs” entry is the fastest way to lose a deduction in a New Mexico dispute. Each line must state a category, describe what was cleaned or repaired and why, and be backed by receipts, invoices, or dated photographs. Under NMSA § 47-8-18 the owner carries the burden of the itemization, and a generic category without documentation forfeits the corresponding deduction.
New Mexico Security Deposit Itemization Builder
1. Parties
2. Tenancy
3. Original Deposit
New Mexico requires interest only when the deposit exceeds one month’s rent, which the statute allows only on leases of one year or more. In that case NMSA § 47-8-18(A) requires the owner to pay the tenant annual interest equal to the passbook rate. Enter any interest owed above so it is added to the amount returned to the tenant.
4. Itemized Deductions
List each deduction with a category, a specific description, and a dollar amount, backed by receipts, invoices, or dated photographs. Remember that no deduction may be taken for normal wear and tear. Leave unused rows blank.
5. Disposition
6. Statement Details
How NMSA § 47-8-18 Works: The 30-Day Itemization Rule
New Mexico treats the security deposit as the tenant’s money that the landlord merely holds, and NMSA § 47-8-18, part of the Uniform Owner-Resident Relations Act, is the statute that governs how and when it must be accounted for. The controlling number is thirty. When actual cause exists to retain any portion of the deposit, the owner must provide the resident with an itemized written list of the deductions from the deposit and the balance of the deposit, if any, within 30 days of the date the rental agreement terminates or the resident departs, whichever is later. Miss that window and the landlord’s position collapses, because subsection (D) strips the right to keep a single dollar of the deposit.
The word that does the work in the statute is itemized. It is not enough to mail the tenant a check for whatever is left after some private arithmetic; the law requires a written list that breaks the deductions down so the tenant can see exactly what was charged and why. A lump-sum “we kept $600 for damages” fails the itemization requirement even if the underlying charges would have been valid, because the tenant cannot test a figure that was never broken out. The itemization statement generated above is built to satisfy that requirement: each deduction appears as its own line with a category, a description, and an amount, and the deposit-accounting block ties the total back to the refund.
The clock is triggered by the later of termination or departure, not by the date the tenant hands over a forwarding address. This trips up landlords who wait for a mailing address before starting the accounting. When no forwarding address is provided, the landlord sends the itemized statement and any refund to the tenant’s last known address, which is often the rental unit itself. A landlord who understands that the deadline runs from move-out will inspect the unit and draft the itemization immediately, and our New Mexico move-in and move-out checklist is the upstream record that makes each line item defensible.
Start the itemization on the day possession ends. Because the 30-day period runs from termination or departure, the safe practice is to inspect the unit, gather quotes and receipts, and draft the itemized statement as soon as the tenant is out. Waiting for a forwarding address only burns days off a fixed deadline.
Itemization vs. Return Letter: Which Document Do You Need?
Landlords often ask whether they need an itemization or a return letter. The honest answer is that the itemized written list is the piece NMSA § 47-8-18 actually demands, and the return letter is optional cover correspondence that transmits it. The two documents serve different jobs and many landlords send both.
The itemization statement is the schedule of deductions. It is the table that lists each charge as a separate line, states the original deposit and any interest, sums the deductions, and shows the resulting refund or balance owed. If a tenant challenges the accounting in metropolitan or small claims court, the itemization is the exhibit the judge reads, because it is the document that proves the landlord broke the deductions out rather than keeping the deposit as a lump sum.
The return letter is the cover page. It addresses the tenant by name, references the property, states the disposition in a sentence or two, and encloses the refund check. It is a courtesy and a paper trail, but on its own a bare letter that says “your deposit is being returned less deductions” does not satisfy the itemization requirement unless the deductions are actually itemized. That is why our New Mexico security deposit return letter tool builds the letter and the itemized accounting into the same document, while this itemization tool produces the standalone statement you can attach to any letter or hand over at a walk-through. Use the itemization when you want a clean, tabular deduction schedule; use the return letter when you want a single signed letter that carries the accounting inside it.
The Statutory Detail: Cap, Interest, and Deductions
NMSA § 47-8-18 does several things at once: it caps the deposit on short leases, it forces interest on larger deposits, it limits what a landlord may itemize, and it dictates how the landlord must account for it. Understanding each part is what separates a deduction that survives a challenge from one that is thrown out.
The One-Month Cap on Short Leases
For a rental agreement of less than one year, subsection (A)(2) provides that the owner shall not demand or receive a security deposit greater than one month’s rent. On a lease of one year or more the statute does not fix a dollar ceiling, but the moment the deposit rises above one month’s rent, the interest duty below is switched on. The cap matters on the itemization because a landlord who over-collected can only itemize against the amount the law allowed the landlord to hold; a deposit taken in excess of the cap on a short lease is money the statute did not permit the owner to demand in the first place.
Passbook-Rate Interest on a Larger Deposit
When an owner collects and holds a deposit greater than one month’s rent, subsection (A)(1) of NMSA § 47-8-18 requires the owner to pay the resident annual interest on the deposit equal to the passbook interest rate permitted to savings and loan associations in New Mexico. The deposit itself need not be held in a separate interest-bearing account, but the interest must be paid to the tenant at the end of each rental year. A deposit at or below one month’s rent carries no interest requirement. The itemization above includes an interest field so that any passbook-rate interest owed is added to the deposit total rather than quietly dropped, because interest that is owed but never credited is itself a shortfall the tenant can pursue.
Permissible Deductions You May Itemize
The deposit may be applied to a limited set of purposes, and only those belong on the itemization: unpaid rent; the reasonable cost to repair damage caused by the tenant or the tenant’s guests beyond ordinary wear and tear; reasonable cleaning to return the unit to the condition it was in at the start of the tenancy; unpaid utility charges the lease makes the tenant’s responsibility; and other amounts the lease specifically authorizes consistent with the statute. Anything outside that list, such as routine turnover painting, a charge dressed up as an administrative or re-rental fee, or a deduction for a condition that predated the tenancy, is not a lawful line item and should never appear on the statement.
Normal Wear and Tear Is Never a Line Item
The line between damage and wear and tear decides most deposit disputes, and NMSA § 47-8-18(C) answers it directly: no deposit shall be retained to cover normal wear and tear. Normal wear and tear is the gradual deterioration a unit suffers from ordinary living: faded or lightly scuffed paint, carpet worn thin in the main walking paths, small nail holes from hanging pictures, and minor marks near light switches and door handles. Damage is harm beyond that ordinary use: large holes punched in drywall, carpet burns or pet-urine saturation, broken fixtures, and filth left far below move-in condition. Only damage is chargeable, and the move-in and move-out condition records paired with dated photographs are the evidence that separates the two when a line item is challenged.
Cap and interest interact. A landlord who over-collected a deposit above one month’s rent on a short lease has taken money the statute did not allow; and a landlord who lawfully holds a larger deposit on a long lease owes the tenant passbook-rate interest each year. Keeping the deposit lawful at the front end keeps the itemization clean at the back end.
Categories of Deductible Expenses
A well-built itemization groups each charge into a recognizable category so the tenant, and if necessary a judge, can see at a glance what kind of expense it is. The generator above offers a category selector for exactly this reason. The recognized categories under New Mexico practice are:
- Unpaid rent. Rent that was due and unpaid when the tenancy ended, including any lawful late fees the lease provides. This is the most defensible category because the amount is fixed by the lease and the ledger.
- Damage repair. The reasonable cost to repair damage caused by the tenant or the tenant’s guests beyond ordinary wear and tear. Each damage line should name the specific item, the location, and the repair, and be tied to an invoice, estimate, or dated photograph.
- Cleaning. Reasonable cleaning to return the unit to the condition it was in at move-in, not a blanket turnover-cleaning fee. Charge only for cleaning that exceeds ordinary readiness, such as removing pet odor, cleaning an oven left caked with grease, or hauling away abandoned property.
- Unpaid utilities. Utility charges the lease makes the tenant’s responsibility that remained unpaid at move-out, supported by the final bill.
- Other lease-authorized amounts. Any additional charge the lease specifically and lawfully authorizes, consistent with the statute. Use this category sparingly and cite the lease provision.
Every category shares the same evidentiary standard: the owner bears the burden to justify the deduction, so each line should carry a specific description and be backed by documentation. A category label alone is not a justification.
The Deposit Math: How the Refund Is Calculated
An itemization is ultimately an arithmetic document, and getting the math right is what turns a list of charges into a defensible refund figure. The generator performs the calculation automatically, but every landlord should understand the underlying steps so the numbers can be checked by hand.
The calculation runs in three moves. First, the total available deposit is the original security deposit plus any passbook-rate interest owed on a larger deposit. Second, the total deductions is the sum of every itemized line, across every category. Third, the refund is the total available deposit minus the total deductions. When the deductions are less than the deposit, the difference is the refund the landlord must return with the itemization. When the deductions exactly equal the deposit, the refund is zero and the statement documents why nothing is coming back. When the deductions exceed the deposit, the itemization shows a balance owed by the tenant, and the landlord may pursue that balance as a separate debt, provided the itemized statement was delivered on time so the right to do so was not forfeited.
Consider a worked example. Suppose the original deposit was two thousand dollars, the lease was for a two-year term so the deposit exceeded one month’s rent and earned forty dollars in passbook-rate interest, and the landlord itemized six hundred dollars and fifty cents in valid deductions across unpaid rent and a documented carpet repair. The total available deposit is two thousand forty dollars, the total deductions are six hundred dollars and fifty cents, and the refund due to the tenant is one thousand four hundred thirty-nine dollars and fifty cents. Now suppose instead the deposit was nine hundred dollars and the documented damage came to one thousand two hundred dollars. The deductions exceed the deposit, the refund is zero, and the itemization shows a balance owed by the tenant of three hundred dollars. The generator handles both branches and labels the tenant-owes case clearly so it is never mistaken for a refund.
Round consistently and show your work. Enter each line to the cent, let the generator sum them, and keep the supporting invoices in the same order as the itemized lines. An itemization whose line items add up to the stated total, backed by receipts in matching order, is far harder to attack than a single rounded figure.
When and How to Deliver the Itemization
Delivery is where otherwise-careful landlords lose. The itemized statement and any refund must reach the tenant within thirty days of the later of termination or departure, and because the burden of proving timely delivery falls on the owner, the method matters as much as the deadline.
Send the itemization and refund to the forwarding address the tenant provides. If the tenant left no forwarding address, send it to the tenant’s last known address, which is frequently the rental unit itself; the statute does not excuse the deadline simply because the tenant failed to leave an address. The defensible practice is certified mail with return receipt requested, which produces a dated proof of mailing and a signature on delivery. Keep the certified-mail receipt and the green card, or the electronic equivalent, with the itemization and the supporting documentation.
Because the clock runs from move-out and not from any later event, a landlord who inspects promptly, gathers documentation, and mails the itemization well inside the thirty days has a wide margin. A landlord who waits until day twenty-nine leaves no room for a mail delay, a wrong address, or a missing receipt to push the effective delivery past the deadline. Treat the thirty days as a hard outer limit, not a target.
Tenant Remedies: Forfeiture and the $250 Penalty
The deadline and itemization rules would be toothless without a penalty, and NMSA § 47-8-18 supplies a sharp one. If the owner fails to provide the itemized written list of deductions and the balance within 30 days of the termination of the tenancy, subsection (D) provides that the owner forfeits the right to withhold any portion of the deposit, forfeits the right to assert any counterclaim in an action brought to recover that deposit, is liable to the resident for court costs and reasonable attorneys’ fees, and forfeits the right to bring an independent action against the resident for damage to the rental property. In practical terms, a late or missing itemization converts even a legitimate set of deductions into a total loss for the landlord.
On top of that forfeiture, subsection (E) provides that an owner who in bad faith retains a deposit in violation of the section is liable for a civil penalty of two hundred fifty dollars payable to the resident. Bad faith is more than a late statement; it is a withholding the landlord knows, or should know, is not justified, such as itemizing wear and tear, inventing damage, or keeping the deposit with no itemized accounting at all. A tenant usually brings the claim in small claims or metropolitan court, where the filing is inexpensive, and the owner’s itemized statement, or its absence, is the centerpiece of the case.
For tenants, these remedies are a reason to keep records: the move-in condition report, dated move-out photographs, the lease, and any communications with the landlord. For landlords, they are the reason the itemization generated above matters, and why our overview of how to screen tenants is the upstream control that reduces the odds of a contested move-out in the first place.
What to Send With the Itemization Statement
A complete New Mexico deposit-itemization package is more than the statement. Assembled together, these documents make the accounting defensible and satisfy the statutory itemization requirement:
- The itemization statement itself – generated above, signed and dated, with each deduction as a separate line and the refund balance.
- The refund check – for the calculated balance, including any passbook-rate interest owed on a larger deposit.
- Supporting documentation for each line item – receipts, invoices, repair estimates, and photographs tied to the specific deductions, kept in the same order as the lines.
- The move-in and move-out checklist – the baseline that separates tenant-caused damage from ordinary wear and tear.
- Dated move-out photographs – paired with the checklist entries so each deduction has a visible basis.
- A copy of the lease – for reference to any deposit, interest, or utility provisions it contains.
Send the package by certified mail with return receipt requested to the tenant’s forwarding address, or the last known address if none was given, and keep copies of everything, together with the mailing receipt, for the life of any possible dispute.
Common Mistakes New Mexico Landlords Make
The most-litigated New Mexico deposit disputes share a short list of avoidable errors:
- Missing the 30-day deadline for the itemized statement, which forfeits the right to withhold any part of the deposit.
- Sending a lump-sum figure instead of an itemized list, which fails the itemization requirement even when the underlying charges were valid.
- Listing a vague “cleaning” or “repairs” line with no category, description, or receipts, which routinely fails once challenged.
- Itemizing the tenant for ordinary wear and tear, which the statute flatly prohibits.
- Collecting more than one month’s rent as a deposit on a lease of less than one year.
- Holding a deposit above one month’s rent on a longer lease without paying the tenant the required passbook-rate interest each year.
- Waiting for a forwarding address before starting the accounting, and blowing the deadline while waiting.
- Failing to keep the move-in condition record and dated photographs that prove which end-of-tenancy conditions are damage rather than wear.
Do
- ✓Deliver the itemized statement and any refund within 30 days of move-out.
- ✓Break out each deduction as its own line with a category and description.
- ✓Pay passbook-rate interest on any deposit held above one month’s rent.
- ✓Keep the deposit at or below one month’s rent on a lease under one year.
- ✓Send by certified mail and retain the receipt, records, and dated photos.
Avoid
- ✕Sending a single lump-sum figure instead of an itemized list.
- ✕Listing a vague “cleaning” or “repairs” line with no description or receipt.
- ✕Itemizing normal wear and tear or routine turnover painting.
- ✕Over-collecting above one month’s rent on a short lease.
- ✕Withholding in bad faith and risking forfeiture, fees, and the $250 penalty.
New Mexico Deposit Citation Reference
The figures used throughout this page trace to NMSA § 47-8-18 within the Uniform Owner-Resident Relations Act. Because the statute is periodically amended, always confirm the current subsection lettering and dollar figures against the primary source before relying on them:
| Rule | What it requires | Primary source |
|---|---|---|
| Deposit cap (short lease) | No deposit greater than one month’s rent for a rental agreement of less than one year | NMSA § 47-8-18(A)(2) |
| Interest on larger deposit | A deposit greater than one month’s rent must earn annual interest equal to the passbook rate, paid to the tenant at the end of each rental year | NMSA § 47-8-18(A)(1) |
| 30-day itemized statement | Itemized written list of deductions and the balance of the deposit, if any, within 30 days of termination of the rental agreement or the resident’s departure, whichever is later | NMSA § 47-8-18(C) |
| No wear-and-tear charge | No deposit shall be retained to cover normal wear and tear | NMSA § 47-8-18(C) |
| Forfeiture for missing the deadline | Failure to provide the statement within 30 days forfeits the right to withhold, forfeits any counterclaim, makes the owner liable for court costs and reasonable attorneys’ fees, and forfeits an independent action for damages | NMSA § 47-8-18(D) |
| Bad-faith penalty | An owner who in bad faith retains a deposit in violation of the section is liable for a civil penalty of two hundred fifty dollars payable to the resident | NMSA § 47-8-18(E) |
Wear and Tear vs. Damage: A New Mexico Line-Item Test
Because NMSA § 47-8-18(C) forbids retaining any part of the deposit for normal wear and tear, the single most consequential judgment on the itemization is whether a given condition is wear or damage. The statute does not print a checklist, so New Mexico courts apply the ordinary meaning: wear and tear is the deterioration that results from a tenant using the unit as it was meant to be used, while damage is harm that goes beyond that ordinary use, whether through negligence, abuse, or accident. Run every proposed line item through that test before it goes on the statement.
The following comparisons reflect how the distinction usually falls in practice. Treat them as guidance, not a guarantee, because condition, age, and the move-in record all matter:
- Paint. Faded, sun-bleached, or lightly scuffed paint after a normal tenancy is wear and tear and cannot be itemized. Crayon murals, unapproved bold colors the tenant painted over the landlord’s finish, or walls gouged down to the drywall are damage and may be charged at the reasonable cost to restore them.
- Carpet. Traffic-pattern wear in hallways and doorways, and the general thinning that comes from years of use, is wear and tear. Pet-urine saturation, burns, bleach stains, and tears from dragging furniture are damage. Prorate any carpet charge against the carpet’s useful life; charging a tenant the full price of a carpet that was already halfway through its lifespan is a classic over-reach.
- Walls and fixtures. A few small nail holes from hanging pictures and minor marks near switches and handles are wear. Large anchor holes, holes the size of a doorknob, missing fixtures, and broken blinds or screens are damage.
- Flooring and appliances. Minor scuffs on a vinyl or wood floor and the ordinary aging of an appliance are wear. Deep gouges, water damage from an overflowed tub, a refrigerator left rotting, or an oven caked with baked-on grease that requires special cleaning are chargeable.
- Cleaning. Returning the unit ready for the next tenant is the landlord’s ordinary turnover cost and is not chargeable. Cleaning that exceeds ordinary readiness, such as removing pet odor, hauling away abandoned furniture, or degreasing a kitchen left filthy, is chargeable at a reasonable rate.
The evidence that decides a close call is almost always the move-in condition record paired with dated photographs. When the move-in checklist shows a wall was intact at the start and the move-out photograph shows a fist-sized hole, the damage line is nearly unassailable. When there is no move-in record, the tenant can plausibly argue the condition predated the tenancy, and the landlord who carries the burden of proof loses the line item.
Required Information on a Compliant Itemization
An itemization that will hold up under NMSA § 47-8-18 is not just a number; it is a record that a reader can follow from the original deposit to the final refund. A complete statement, like the one the generator above produces, contains each of the following elements:
- The parties. The owner or managing agent and the tenant or tenants named on the lease, so it is clear who owes whom.
- The property and dates. The rental address, the tenancy start date, the move-out date, and the date possession was returned, which together fix the start of the 30-day clock.
- The original deposit and any interest. The amount collected, plus any passbook-rate interest owed on a deposit above one month’s rent, giving the total the landlord had to account for.
- Each deduction as a separate line. A category, a specific description, and a dollar amount for every charge, so the tenant can test each one individually rather than a single lump sum.
- The arithmetic. The total deductions, and the resulting refund or balance owed, shown so the numbers plainly add up.
- The disposition and delivery. How the refund is being paid, how the statement is being delivered, and the statement date, which together document that the itemization was furnished on time.
- A signature. The owner or agent’s signature and title, which turns the schedule into a formal statement rather than a draft.
Keep the supporting documentation in the same order as the line items. An itemization whose lines add up to the stated total, each backed by a receipt filed in matching order, is far harder to attack than a bare figure, and it is exactly what a metropolitan or small claims court expects to see if the tenant disputes the accounting.
If the Tenant Disputes the Itemization
Even a careful itemization can draw a dispute, and knowing how the process unfolds helps a landlord respond without giving up the protections the statute provides. A tenant who believes a deduction is improper will usually raise it in writing first, and a landlord who documented each line can often resolve the disagreement by forwarding the underlying receipts and photographs. When the disagreement does not resolve, the tenant’s route is to sue for the deposit, typically in metropolitan court or small claims, where filing fees are modest and neither side needs a lawyer to appear.
In that action the itemized statement is the central exhibit. If the landlord delivered it on time and can support each line, the court weighs the individual deductions and may allow the documented ones while disallowing any that were vague, unsupported, or charged for wear and tear. If the landlord failed to deliver an itemized statement within thirty days, subsection (D) forecloses the argument entirely: the right to withhold is forfeited, no counterclaim for damages may be asserted, and the tenant recovers court costs and reasonable attorneys’ fees. Where the retention was in bad faith, the two-hundred-fifty-dollar penalty under subsection (E) is added on top.
The practical lesson is that the itemization is not merely a courtesy; it is the landlord’s evidence and the tenant’s remedy in the same document. A landlord who treats it as a genuine accounting, delivered on time and supported line by line, keeps every legitimate deduction and avoids the forfeiture and penalty. A landlord who treats it as an afterthought hands the tenant the statutory remedies. This is also why a strong front-end process matters, and why our guide to how to screen tenants pairs naturally with a disciplined deposit accounting.
Tenant Screening as Prevention
The cleanest move-outs come from tenants who were screened carefully at the application stage. A verifiable income, a steady rent-payment history, and a clean eviction record are the strongest predictors of a unit returned in good condition, which means a short itemized statement, a full refund, and no forfeiture or penalty exposure. Screening is the upstream control that keeps the itemization simple. Our overview of how to screen tenants step by step walks through the process, and the broader tenant screening laws by state guide covers the rules that apply when you pull a report in New Mexico.
New Mexico Security Deposit Itemization: FAQ
What is a New Mexico security deposit itemization statement?
It is the itemized written list of deductions a New Mexico landlord must give a departing tenant when the landlord keeps any part of the security deposit. Under NMSA § 47-8-18(C), when actual cause exists to retain any portion of the deposit the owner must provide the resident with an itemized written list of the deductions from the deposit and the balance of the deposit, if any, within thirty days of the date the rental agreement terminates or the resident departs, whichever is later. The itemization is the line-by-line accounting that satisfies that statutory requirement.
How is the itemization different from a security deposit return letter?
The itemization is the line-item accounting; the return letter is the cover correspondence that transmits it. NMSA § 47-8-18 requires the itemized written list of deductions, so the itemization statement is the document that actually satisfies the statute. Many landlords send both together: a short New Mexico return letter as the cover page and this itemized statement as the detailed schedule of deductions with each category, description, and dollar amount. Use whichever matches your practice, but the itemized list is the piece the law demands.
How many days does a New Mexico landlord have to send the itemized statement?
Thirty days. NMSA § 47-8-18(C) requires the owner to deliver the itemized written list of deductions and the balance of the deposit within thirty days of the termination of the rental agreement or the resident’s departure, whichever is later. A landlord who wants to keep any portion of the deposit must furnish this itemized statement within that window or lose the right to withhold.
What happens if a New Mexico landlord misses the 30-day itemization deadline?
The consequences are severe. Under NMSA § 47-8-18(D), an owner who fails to provide the itemized written list of deductions and the balance within thirty days forfeits the right to withhold any portion of the deposit, forfeits the right to assert a counterclaim in an action to recover the deposit, is liable to the tenant for court costs and reasonable attorneys’ fees, and forfeits the right to bring an independent action against the tenant for damage to the property.
Is there a receipt or dollar threshold for itemizing deductions in New Mexico?
New Mexico does not set a specific dollar threshold above which receipts become mandatory the way some states do. NMSA § 47-8-18 requires an itemized written list of the deductions, and the owner carries the burden to justify each one. As a practical matter every deduction should be backed by a receipt, invoice, estimate, or dated photograph, because a line item without documentation is the first thing a court disallows when a tenant challenges the accounting.
What is the bad-faith penalty on a New Mexico deposit itemization?
An owner who in bad faith retains a security deposit in violation of NMSA § 47-8-18 is liable for a civil penalty of two hundred fifty dollars payable to the resident under subsection (E), on top of forfeiting the right to withhold and being liable for the tenant’s court costs and reasonable attorneys’ fees. Bad faith includes itemizing normal wear and tear, inventing damage, or keeping the deposit with no itemized accounting at all.
What can a New Mexico landlord itemize as a deduction?
Deductions are generally limited to unpaid rent, the cost to repair damage caused by the tenant or the tenant’s guests beyond ordinary wear and tear, reasonable cleaning to return the unit to its condition at the start of the tenancy, unpaid utilities the lease assigns to the tenant, and other amounts the lease authorizes consistent with NMSA § 47-8-18. The statute is explicit that no deposit may be retained to cover normal wear and tear, so faded paint, minor carpet wear in walking paths, and small nail holes cannot be itemized.
Does New Mexico require interest on a security deposit shown on the itemization?
Only on larger deposits. NMSA § 47-8-18(A) does not require interest on a deposit that is one month’s rent or less. Where the owner holds a deposit greater than one month’s rent, which is only permitted on agreements of one year or more, the owner must pay the tenant annual interest equal to the passbook interest rate. Any interest owed is added to the deposit on the itemization so it flows into the refund figure rather than being quietly dropped.
How should the New Mexico itemization statement be delivered?
Deliver the itemized statement and any refund to the address the tenant provides, or to the tenant’s last known address if none is given, within the thirty-day window. Because the burden falls on the owner to prove timely delivery, the defensible practice is to send the itemization and refund by certified mail with return receipt requested and retain the mailing receipt together with the deduction documentation and dated move-out photographs for the life of any possible dispute.
Related New Mexico Deposit and Rental Guides
- New Mexico security deposit return letter – the cover letter that transmits this itemized statement.
- New Mexico security deposit laws – the full framework behind this itemization.
- New Mexico move-in and move-out checklist – the baseline that justifies each line item.
- New Mexico landlord-tenant laws – the wider statutory picture for the state.
- How to screen tenants – the step-by-step screening process.
- Tenant screening laws by state – screen the tenant before they move in.
Screen New Mexico Tenants Before You Hand Over Keys
The cleanest deposit returns start with the right tenant. Order FCRA-ready credit, criminal, and eviction reports and rent with confidence across New Mexico.
Published by Tenant Screening Background Check · Editorial Team
Established 2004. Our editorial team has spent two decades helping landlords and property managers run lawful, FCRA-compliant tenant screening across all 50 states. We translate state landlord-tenant codes and federal screening rules into processes you can actually follow.
Legal Disclaimer
This form and guide are for general informational purposes only and are not legal advice. New Mexico security deposit law is detailed and periodically amended, and local ordinances can add duties; a late or missing itemized statement can forfeit deductions and expose a landlord to court costs, attorneys’ fees, and a statutory penalty. Review the current New Mexico Statutes § 47-8-18 and consult a licensed New Mexico landlord-tenant attorney before withholding any part of a deposit. Reading this page does not create an attorney-client relationship.
