New Mexico · NM

Demand letters in New Mexico.

In New Mexico, landlords must return a deposit within 30 days, and the Metropolitan Court / Magistrate Court hears claims up to $10,000 (Metropolitan Court); $10,000 in Magistrate Court. Here's the law you need — and a generator that cites it for you.

By The Demand Letter Kit Team Sourced from official statutesUpdated June 1, 2026

New Mexico demand letter facts at a glance

Deposit return deadline

30 days

Small claims limit

$10,000 (Metropolitan Court); $10,000 in Magistrate Court

Filing fee

About $30–$77

Written-contract SOL

6 years

Personal-injury SOL

3 years

Legal/judgment interest

8.75% per year (post-judgment) where no contract rate applies; 15% on certain judgments.

Security deposit demand letters in New Mexico

If your former landlord is holding your deposit, New Mexico law is on your side. A landlord must return your security deposit within 30 days, along with an itemized statement of any deductions. Failing to provide a timely itemized statement forfeits the right to keep the deposit and can add up to $250 plus attorney’s fees. New Mexico also requires landlords to pay interest on deposits.

Build a New Mexico security-deposit letter

Statutes of limitation in New Mexico

A demand letter doesn't pause the clock — you must file suit within these windows:

Written contracts 6 years
Oral contracts 4 years
Personal injury 3 years
Property damage 4 years

Small claims court in New Mexico

If your demand letter is ignored, New Mexico's Metropolitan Court / Magistrate Court is usually the next step. It hears claims up to $10,000 (Metropolitan Court); $10,000 in Magistrate Court, with filing fees around About $30–$77. You typically don't need a lawyer, and mentioning that you're prepared to file gives your letter real weight.

New Mexico courts self-help

Good to know in New Mexico

New Mexico requires deposits back within 30 days, and a landlord who deducts must give an itemized statement or forfeit the right to keep anything, with up to $250 plus attorney’s fees available to the tenant. Interest is owed on deposits exceeding one month’s rent. Claims up to $10,000 go to the Metropolitan Court (Bernalillo County) or Magistrate Court elsewhere. A certified-mail demand referencing N.M. Stat. § 47-8-18 is the standard step before filing.

New Mexico demand letter FAQ

How long does a landlord have to return a security deposit in New Mexico?
In New Mexico, a landlord generally must return your security deposit within 30 days. Failing to provide a timely itemized statement forfeits the right to keep the deposit and can add up to $250 plus attorney’s fees. The governing statute is N.M. Stat. § 47-8-18.
What is the small claims court limit in New Mexico?
New Mexico's Metropolitan Court / Magistrate Court hears claims up to $10,000 (Metropolitan Court); $10,000 in Magistrate Court, with filing fees of roughly About $30–$77. Most demand-letter disputes fall within this limit, which is what makes a demand letter such effective leverage.
How long do I have to sue in New Mexico?
New Mexico's statute of limitations is 6 years for written contracts, 4 years for oral contracts, 3 years for personal injury, and 4 years for property damage. Sending a demand letter does not pause these deadlines, so don't wait too long.
Do I have to send a demand letter before filing in New Mexico?
New Mexico does not always require a demand letter before suing, but sending one is strongly recommended: many courts expect it, it can resolve the dispute without filing, and it documents that you tried to settle in good faith — which helps your case if you do end up in Metropolitan Court / Magistrate Court.

Send a demand letter that cites New Mexico law.

Build a professional, state-specific demand letter in minutes. Free to create — no account, no credit card, no watermark on your draft.

  • Free to create — no signup
  • Drafted privately in your browser
  • Sourced from official statutes
  • State-specific statutes & deadlines