States/New Mexico/Security Deposit
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New Mexico Security Deposit Rules (2026)

New Mexico § 47-8-18 treats deposit limits differently by lease term. For a rental agreement shorter than one year, the deposit may not exceed one month’s rent. Under an annual rental agreement, a deposit above one month’s rent triggers an annual interest requirement. Deposit deductions and any balance are generally addressed within 30 days.

Last reviewed: August 30, 20262 official sources cited
Lease under 1 year1 month max

Security deposit may not exceed one month’s rent.

Annual leaseInterest if > 1 month

Annual interest requirement applies when the deposit exceeds one month’s rent.

Itemization / balance30 days

Subsection C uses the later of rental-agreement termination or resident departure.

Normal wearNot deductible

The statute expressly excludes normal wear and tear.

What to preserve

  • Rental agreement and its duration.
  • Deposit receipt and amount.
  • Move-out / resident-departure date.
  • Rental-agreement termination date.
  • Written itemized deductions and remaining balance.
  • Move-in and move-out condition evidence.

Lease duration matters before you apply a cap

A one-month rule cannot be applied mechanically to every New Mexico tenancy. The statute expressly distinguishes agreements shorter than one year from annual rental agreements.

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

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