| Quick Facts | Answer |
| Maximum / Limit | No limit (with exceptions) |
| Receipt Requirement | None |
| Inventory Requirement | None |
| Interest Requirement | Only if deposit exceeds 1 month’s rent |
To learn about laws on security deposit returns in New Mexico, click here.
Some cities and counties may have regulations which are more restrictive than those presented here. Always check local laws.
Maximum Security Deposit Allowed in New Mexico
In New Mexico, for leases that are shorter than one year, the maximum security deposit is one month’s rent. Leases one year or longer have no maximum security deposit, except it must be “reasonable” under the circumstances of the rental agreement.
The maximum security deposit for a mobile home is one month’s rent for a standard unit and two months’ rent for a multi-wide unit.
Can Landlords Charge an Additional Pet Deposit in New Mexico?
In New Mexico, landlords can charge a pet deposit, except for service dogs and emotional support animals. However, the total security deposit (including the pet deposit) cannot exceed the maximum permitted by law. Landlords cannot exceed the limit by asking for money under another name like “pet deposit” or “damage deposit.”
This law does not prevent landlords from adding a monthly pet premium (“pet rent”) in exchange for the right to keep an animal on the property.
How Much Rent Can a Landlord Collect Upfront in New Mexico?
The law is unclear on the amount of rent which may be collected upfront in New Mexico. Many states limit the amount that can be collected at once, but New Mexico does not have an explicit cap. Prepaid rent is not part of the security deposit under state law, and the law is clear that last month’s rent is allowed. The statute implies that collecting additional predpaid rent may be prohibited, but does not state this in clear terms.
Security Deposit Collections in New Mexico
While other states have additional requirements for landlords that collect a security deposit, such as providing certain documentation of the condition of the unit at move-in, New Mexico does not.
Do Landlords Have To Provide a Receipt for the Security Deposit in New Mexico?
Although some states like Washington require a receipt, landlords are not required to provide a receipt for the security deposit in New Mexico.
What Obligations Do Landlords Have To Establish the Condition at Move-in in New Mexico?
New Mexico law does not have specific obligations before a tenancy. While other states like Washington have pre-tenancy obligations like a written inventory of damages, New Mexico does not.
Security Deposit Holdings in New Mexico
New Mexico law does not require landlords to hold security deposits separate from other funds. Some other states mandate how and where security deposits are held, but New Mexico does not.
Are Tenants Entitled to Interest on Their Security Deposit in New Mexico?
New Mexico law requires landlords to provide interest on security deposits that are greater than one month’s rent. The minimum annual interest rate is equal to the passbook interest permitted to the savings and loan associations in New Mexico by the federal home loan bank board.
How Are Security Deposits Accounted for in New Mexico?
Security deposits are not considered taxable income when they are collected.
What Happens to a Security Deposit When the Property is Sold in New Mexico?
When a property is sold in New Mexico, the seller must notify the tenant in writing and transfer the security deposit to the new owner, who must handle it according to the same rules.
Sources
- 1 N.M. Stat. § 47-8-18(A) & (B)
-
A. 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.
B. It is not the intention of this section to include the last month’s prepaid rent, which may be required by the rental agreement as a deposit as defined in Subsection D [E] of Section 47-8-3 NMSA 1978. Any deposit as defined in Paragraph (1) of Subsection A of this section shall not be construed as prepaid rent.
Source Link - 2 N.M. Stat. § 47-10-8
-
The owner of a mobile home park or his agents may charge a security deposit not greater than the amount of one month’s rent or two months’ rent for multiwide units.
Source Link - 3 N.M. Stat. § 47-8-21
-
A. Unless otherwise agreed, upon termination of the owner’s interest in the dwelling unit, including but not limited to terminations of interest by sale, assignment, death, bankruptcy, appointment of receiver or otherwise, the owner is relieved of all liability under the rental agreement and of all obligations under the Uniform Owner-Resident Relations Act as to events occurring subsequent to written notice to the resident of the termination of the owner’s interest. The successor in interest to the owner shall be liable for all obligations under the rental agreement or under the Uniform Owner-Resident Relations Act. Upon receipt by the resident of written notice of the termination of the owner’s interest in the dwelling unit, the resident shall pay all future rental payments, when due, to the successor in interest to the owner.
B. Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of liability under the rental agreement and the Uniform Owner-Resident Relations Act as to events occurring after written notice to the resident of the termination of his management.
Source Link
