What counts as 'normal wear and tear'?

Normal wear and tear includes minor scuffs on walls, small nail holes from hanging pictures, carpet worn from normal foot traffic, and faded paint after 2+ years of tenancy. Landlords cannot legally deduct for these in most states. DepositHawk checks each item against your state's legal standard.

What if my landlord already sent me a deduction list?

That's exactly what the Demand Letter plan is for. Enter each deduction, and we generate a letter challenging each one individually with the specific statute or case law that makes it impermissible.

What if the deadline has already passed?

You may still recover your deposit even after the deadline, but you likely lose the penalty multiplier (2x or 3x damages) in most states. DepositHawk will tell you exactly what you can still recover.

No. Small claims court is designed for self-represented parties. Most security deposit cases settle after a demand letter — landlords often comply rather than appear in court.

Is this legal advice?

DepositHawk provides legal information — the actual statutes, deadlines, and penalty structures for your state — not legal advice. For complex situations or large amounts, consulting an attorney is always an option.

How much can I recover?

In Texas: up to 3x the withheld amount plus $100. In California: up to 2x the deposit amount. In New York: actual damages. The amount varies significantly by state — DepositHawk calculates your maximum recoverable amount before you decide to proceed.

Last updated: April 2026Researched by DepositHawk Research Team

New Mexico Does Not Require Deposit Interest

New Mexico landlords are not required to pay interest on your security deposit. But that does not mean they can do whatever they want with it.

New Mexico does not require landlords to pay interest on security deposits. However, landlords must return the deposit within 30 days of move-out under N.M. Stat. Ann. § 47-8-18.

N.M. Stat. Ann. § 47-8-18

•Your Rights

What Your New Mexico Landlord Does Owe You

Interest or not, New Mexico law gives you real protections on your security deposit:

30-day return deadline. Your landlord has 30 days after you move out to return your deposit or provide an accounting of deductions.
Itemized statement required. Your landlord cannot just keep part of your deposit — they must provide a written, itemized list of every deduction and its amount within 30 days.
Penalties for violations. If your landlord misses the deadline or makes illegal deductions, New Mexico courts can award you up to 2x the wrongfully withheld amount.

New Mexico landlords must return security deposits within 30 days of move-out under N.M. Stat. Ann. § 47-8-18. Violations can result in up to 2x the wrongfully withheld amount.

N.M. Stat. Ann. § 47-8-18

•Full State Law

New Mexico Security Deposit Law — Full Breakdown

Return deadlines, allowed deductions, penalty multipliers, small claims limits — everything you need to know about New Mexico deposit law is on one page. Read the full New Mexico security deposit law breakdown.

●Frequently Asked Questions

Frequently Asked Questions

Does New Mexico require landlords to pay interest on security deposits?

No. New Mexico does not require landlords to pay interest on security deposits. However, your landlord must still return your deposit within 30 days of move-out under N.M. Stat. Ann. § 47-8-18.

What is my landlord required to do with my deposit in New Mexico?

Your New Mexico landlord must return your deposit within 30 days after you move out. They must provide an itemized statement listing any deductions. Failure to comply can result in penalties.

What happens if my New Mexico landlord keeps my deposit?

If your landlord fails to return your deposit within 30 days, you can sue in small claims court for up to 2x the wrongfully withheld amount. New Mexico small claims courts handle cases up to $10,000.

DepositHawk protects renters’ money. See what we do.

DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation.