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States/New Mexico/Normal Wear
✓ New Mexico official sources verified

New Mexico Normal Wear and Tear vs Rental Damage

Section 47-8-18 expressly says no deposit shall be retained to cover normal wear and tear. Other qualifying amounts can include unpaid rent or utilities, repairs and legitimate damage, depending on the facts.

Last reviewed: August 30, 20262 official sources cited
Normal wearNot deductible

Express statutory protection.

Other retentionFact-specific

Rent, utilities, repair work and other legitimate damages can require separate review.

Evidence to compare

  • Move-in condition and photos.
  • Move-out condition and photos.
  • Age and ordinary use of carpet, paint, fixtures and appliances.
  • Repair versus replacement scope.
  • Invoice, estimate or actual cost.
Check the exact lease term and dates. New Mexico deposit limits differ by rental-agreement duration, and the accounting rule has specific timing language. Educational information only.

Official sources

New Mexico CourtsLandlord-Tenant — Uniform Owner-Resident Relations Act ↗

Current official New Mexico court guidance identifying the Uniform Owner-Resident Relations Act and landlord-tenant procedures.

New Mexico Regulation and Licensing DepartmentNew Mexico Real Estate License Law & Rules — Owner-Resident Relations ↗

Official state publication reproducing NMSA 1978 § 47-8-18, including deposit limits, normal-wear rule, 30-day accounting and remedies.

Related New Mexico guides

Security Deposit →Short-Term Deposit Limit →Deposit Interest →30-Day Rule →