Property Management

In New Mexico, a landlord who wants to keep all of a tenant's security deposit after move-out for ordinary wear and tear is:

APermitted if the tenant lived there for more than 2 years
BNot permitted—security deposits may only be withheld for damage beyond normal wear and tear✓ Correct
CPermitted as long as proper notice is given
DPermitted for furnished units only

Explanation

Under New Mexico's UORRA, security deposits may only be withheld for damages beyond normal wear and tear—not for ordinary deterioration from normal use over time. Retaining deposits for ordinary wear is illegal.

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