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State deposit dispute guide

New Mexico Landlord Kept Security Deposit for Painting

When a landlord in New Mexico keeps a security deposit for painting, renters usually focus on whether the charge was for ordinary turnover repainting or for tenant-caused damage that truly needed repair.

Deadline: 30 daysPenalty multiplier: No fixed multiplierItemized deductions: RequiredStatute: N.M. Stat. Section 47-8-18

The law in plain English

Return deadline

Under N.M. Stat. Section 47-8-18, the deposit response usually has to be sent within 30 days of the move-out timeline described by the state rule.

Required notice

New Mexico generally caps the deposit at 1 month's rent on leases shorter than 1 year, with no statewide cap on longer leases, and the landlord usually has 30 days to send the refund and itemized statement.

This dispute type

Painting deductions are usually weakest when the landlord is refreshing the unit for the next tenant, covering faded walls, or addressing minor marks from normal occupancy. In New Mexico, the refund deadline and deduction notice rules still apply even if the landlord claims the walls needed work.

Penalty leverage

If the withholding was wrongful or in bad faith, the exposure allowed under the statute is: Landlord forfeits the right to retain any portion and forfeits counterclaim rights; bad faith adds $250 civil penalty, plus court costs and attorney's fees

FAQ

Common questions renters ask

Can a New Mexico landlord charge to repaint between tenants?

Renters often challenge that when the repainting looks like ordinary turnover rather than repair of unusual tenant-caused damage.

Do small nail holes automatically justify a painting deduction?

Not automatically. The key issue is usually whether the condition goes beyond ordinary occupancy and whether the amount charged is tied to actual repair work.

What paperwork should the landlord provide?

The landlord still needs to comply with the notice process under N.M. Stat. § 47-8-18, including the deduction breakdown and timing rules that apply in the state.

What if the paint was already old before move-out?

Evidence that the paint was already aged, fading, or due for refreshing can help show the landlord is trying to pass along routine turnover costs.

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Free tier

Use the free intake before you escalate the dispute.

Compare your timeline, deduction notice, and the landlord's stated reason against the state-specific rule set first.

Not legal advice - jurisdiction-accurate legal research