Sources checked:
Quick answer. New Mexico: deposit capped at 1 month of rent; deposit returned within 30 days; 30-day notice to end month-to-month; 3-day notice for unpaid rent; 24-hour entry notice; $10,000 small claims limit. 19 of 23 items are confirmed on official pages; 4 are marked not confirmed, with the page to check.
Key numbers
- Deposit limit
- 1 month's rent
- Deposit back within
- 30 days
- Month-to-month notice (landlord)
- 30 days
- Unpaid rent notice
- 3 days
- Entry notice
- 24 hours
- Filing fee
- Varies by county
- Time to answer or appear
- At the hearing
- Writ to lockout
- 3 to 7 days (from judgment)
- Small claims limit
- $10,000
Security deposit (6 of 6 confirmed)
Law read: NMSA 1978, 47-8-18.
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ConfirmedDeposit limit
Rental agreements under one year: no more than one month's rent. One year or more: a deposit above one month's rent earns yearly interest paid to the resident (47-8-18(A)).
Source: New Mexico Regulation and Licensing Department (Real Estate Commission): Uniform Owner-Resident Relations Act, 2019 edition, checked November 2026
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ConfirmedReturn deadline
Within 30 days after the rental agreement ends or the resident leaves, whichever is later: an itemized written list of deductions and the balance; mailing to the last known address counts (47-8-18(C)).
Source: New Mexico Regulation and Licensing Department (Real Estate Commission): Uniform Owner-Resident Relations Act, 2019 edition, checked November 2026
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ConfirmedItemized list of deductions
An itemized written list of deductions with the balance (47-8-18(C)).
Source: New Mexico Regulation and Licensing Department (Real Estate Commission): Uniform Owner-Resident Relations Act, 2019 edition, checked November 2026
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ConfirmedInterest on the deposit
Only on annual agreements where the deposit is more than one month's rent: yearly interest at the passbook rate the section names (47-8-18(A)(1)).
Source: New Mexico Regulation and Licensing Department (Real Estate Commission): Uniform Owner-Resident Relations Act, 2019 edition, checked November 2026
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ConfirmedWhere the deposit is held
None stated in NMSA 47-8-18.
Source: New Mexico Regulation and Licensing Department (Real Estate Commission): Uniform Owner-Resident Relations Act, 2019 edition, checked November 2026
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ConfirmedPenalty the law states
Missing the 30 days forfeits the right to withhold any part and to counterclaim, plus court costs and attorney fees (47-8-18(D)); bad-faith retention adds a $250 civil penalty (47-8-18(E)).
Source: New Mexico Regulation and Licensing Department (Real Estate Commission): Uniform Owner-Resident Relations Act, 2019 edition, checked November 2026
Read from the 2019 edition published by the Regulation and Licensing Department (section history ends in 1989). Confirm against the current NMSA.
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (6 of 6 confirmed)
What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too.
| Notice | Rule | Source |
|---|---|---|
| Ending month-to-month (landlord) | Written notice at least 30 days before the periodic rental date named in the notice (7 days for week-to-week). Either side may give it. | Source: New Mexico Regulation and Licensing Department (Real Estate Commission): Uniform Owner-Resident Relations Act, 2019 text, checked November 2026 (NMSA 47-8-37(B)) |
| Ending month-to-month (tenant) | Written notice at least 30 days before the periodic rental date named in the notice (7 days for week-to-week). Either side may give it. | Source: New Mexico Regulation and Licensing Department (Real Estate Commission): Uniform Owner-Resident Relations Act, 2019 text, checked November 2026 (NMSA 47-8-37(B)) |
| Rent increase notice | Month-to-month: written notice at least 30 days before the periodic rental date in the agreement. | Source: New Mexico Regulation and Licensing Department (Real Estate Commission): Uniform Owner-Resident Relations Act, 2019 text, checked November 2026 (NMSA 47-8-15(F)) |
| Unpaid rent notice | 3 days after written notice of nonpayment and intent to terminate. | Source: New Mexico Regulation and Licensing Department (Real Estate Commission): Uniform Owner-Resident Relations Act, 2019 text, checked November 2026 (NMSA 47-8-33(D)) |
| Entry notice | 24 hours' written notice, unless the owner and resident agree otherwise. | Source: New Mexico Regulation and Licensing Department (Real Estate Commission): Uniform Owner-Resident Relations Act, 2019 text, checked November 2026 (NMSA 47-8-24(A)(1)) |
| Late fee limits | No more than 10% of the total rent payment for each rental period in default. | Source: New Mexico Regulation and Licensing Department (Real Estate Commission): Uniform Owner-Resident Relations Act, 2019 text, checked November 2026 (NMSA 47-8-15(D)) |
More: Notice periods by state · Notice date calculator
Eviction case, in order (6 of 10 confirmed)
- Notice before filing The written notice comes first; its length is in the notice table above.
Unpaid rent: 3 days after written notice of nonpayment and intent to terminate.
- Filing the case Where the case goes and what it costs to start.
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ConfirmedCourt
Magistrate, Metropolitan (Bernalillo County) and District Courts hear eviction cases.
[For use in Magistrate, Metropolitan, and District Courts with the Eviction Prevention and Diversion Program]
Source: New Mexico Supreme Court: Rule 4-905B NMRA form, Eviction Prevention and Diversion Program (2022), checked November 2026
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ConfirmedFiling fee
Set by each court; the Metropolitan Court (Albuquerque) lists $77 to file a petition.
The fee to file a Petition is $77.00.
Source: New Mexico Courts, Bernalillo County Metropolitan Court: Self Help Pamphlet SH-109, Landlord's Process for Evicting a Tenant (rev. 9/24), checked November 2026
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- The tenant's answer or appearance
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ConfirmedTime to answer or appear
The tenant may file an answer any time before the trial date and must appear at the trial.
The Tenant must appear at the Trial to prove his/her case.
Source: New Mexico Courts, Bernalillo County Metropolitan Court: Self Help Pamphlet SH-109, Landlord's Process for Evicting a Tenant (rev. 9/24), checked November 2026
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- Hearing or trial
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Not confirmedHearing after filing
Not confirmed — check New Mexico Courts, Bernalillo County Metropolitan Court: Self Help Pamphlet SH-109, Landlord's Process for Evicting a Tenant (rev. 9/24). Not confirmed on an official page we opened.
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- Judgment and the writ The order that lets the officer act.
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Not confirmedJudgment to writ
Not confirmed — check New Mexico Courts, Bernalillo County Metropolitan Court: Self Help Pamphlet SH-109, Landlord's Process for Evicting a Tenant (rev. 9/24). Not confirmed on an official page we opened.
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- Lockout Carried out by an officer, not by either side.
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ConfirmedWrit to lockout
If the landlord wins, the judge sets an eviction date, usually 3 to 7 days after the trial (Metropolitan Court's description).
not less than 3 days and not more than 7 days from the Trial/Court date
Source: New Mexico Courts, Bernalillo County Metropolitan Court: Self Help Pamphlet SH-109, Landlord's Process for Evicting a Tenant (rev. 9/24), checked November 2026
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ConfirmedWho carries out the lockout
Only the sheriff's office may carry out the eviction.
The Sheriff's Office is the only office authorized by the Court to evict a Tenant.
Source: New Mexico Courts, Bernalillo County Metropolitan Court: Self Help Pamphlet SH-109, Landlord's Process for Evicting a Tenant (rev. 9/24), checked November 2026
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- Along the way Paying to stop the case, counsel and diversion programs.
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Not confirmedPaying to stop the case
Not confirmed — check New Mexico Courts, Bernalillo County Metropolitan Court: Self Help Pamphlet SH-109, Landlord's Process for Evicting a Tenant (rev. 9/24). Not confirmed on an official page we opened.
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Not confirmedRight to counsel (statewide)
Not confirmed — check New Mexico Courts, Bernalillo County Metropolitan Court: Self Help Pamphlet SH-109, Landlord's Process for Evicting a Tenant (rev. 9/24). Not confirmed on an official page we opened.
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ConfirmedDiversion or mediation (statewide)
The courts' Eviction Prevention and Diversion Program helps tenants apply for rental assistance and points to legal help; tenants must attend the hearing.
The Court's Eviction Prevention and Diversion Program can help you start and complete the application
Source: New Mexico Supreme Court: Rule 4-905B NMRA form, Eviction Prevention and Diversion Program (2022), checked November 2026
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These pamphlets are from Albuquerque's Metropolitan Court; magistrate courts elsewhere may differ. The Metropolitan Court sets trial 7 to 10 days after the planned service date.
Help the official pages name: The Metropolitan Court's Self-Help Center.
More: Eviction process timeline by state · Eviction timeline estimator
Deposit disputes: small claims
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ConfirmedSmall claims limit (for a deposit dispute)
$10,000: the most a small claims case can ask for.
New Mexico has no separate 'small claims' court; civil cases up to $10,000 are filed in magistrate court (or Metropolitan Court in Bernalillo County). NM Courts guide: the court cannot consider any case where the amount claimed by a party is more than $10,000.
Filing fee to start a case: $72 to $77.
Source: New Mexico Courts: How to File a Civil Lawsuit, checked November 2026
More: New Mexico small claims court
Still to confirm
- Hearing after filing: check New Mexico Courts, Bernalillo County Metropolitan Court: Self Help Pamphlet SH-109, Landlord's Process for Evicting a Tenant (rev. 9/24)
- Judgment to writ: check New Mexico Courts, Bernalillo County Metropolitan Court: Self Help Pamphlet SH-109, Landlord's Process for Evicting a Tenant (rev. 9/24)
- Paying to stop the case: check New Mexico Courts, Bernalillo County Metropolitan Court: Self Help Pamphlet SH-109, Landlord's Process for Evicting a Tenant (rev. 9/24)
- Right to counsel (statewide): check New Mexico Courts, Bernalillo County Metropolitan Court: Self Help Pamphlet SH-109, Landlord's Process for Evicting a Tenant (rev. 9/24)
New Mexico kit
New Mexico Landlord Compliance Kit
This page as a printable checklist with every source link and check date, a move-in and move-out deposit checklist with the New Mexico return deadline, a notice calendar, an eviction timeline sheet, and an Excel workbook with a tenant notice log, a deposit tracker that works out the return date, and a rent ledger.
Kits for any state: Security Deposit Kit for Landlords and Tenants ($15) · Landlord-Tenant Notice Organizer ($15) · Eviction Case File Organizer ($15)
General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.
Common questions
How much can a security deposit be in New Mexico?
Rental agreements under one year: no more than one month's rent. One year or more: a deposit above one month's rent earns yearly interest paid to the resident (47-8-18(A)).
How long does a New Mexico landlord have to return a deposit?
Within 30 days after the rental agreement ends or the resident leaves, whichever is later: an itemized written list of deductions and the balance; mailing to the last known address counts (47-8-18(C)). What goes with it: An itemized written list of deductions with the balance (47-8-18(C)).
How much notice ends a month-to-month tenancy in New Mexico?
From the landlord: Written notice at least 30 days before the periodic rental date named in the notice (7 days for week-to-week). Either side may give it. From the tenant: Written notice at least 30 days before the periodic rental date named in the notice (7 days for week-to-week). Either side may give it.
What notice comes before an unpaid-rent case in New Mexico?
3 days after written notice of nonpayment and intent to terminate.
How much notice before a landlord enters a rental in New Mexico?
24 hours' written notice, unless the owner and resident agree otherwise.
How long does an eviction case take in New Mexico?
Time to answer or appear: At the hearing. Writ to lockout: 3 to 7 days (from judgment). These are the stated rules; the court's calendar often takes longer.
What does it cost to file an eviction case in New Mexico?
Set by each court; the Metropolitan Court (Albuquerque) lists $77 to file a petition.
Related: Landlord rules by state · Kits for landlords