Property Management

In New Mexico, a residential landlord who fails to return the security deposit within 30 days without an itemized statement may:

ASend it late without penalty
BForfeit the right to retain any portion of the deposit and may owe the tenant up to twice the deposit amount as damages under UORRA✓ Correct
CKeep the deposit but must provide written notice within 60 days
DRequest a 30-day extension from the court

Explanation

Under UORRA (NMSA 1978 §47-8-18), if a landlord fails to timely return the deposit or provide an itemized statement within 30 days, they may forfeit the entire deposit and owe the tenant damages (up to twice the deposit amount) plus attorney fees.

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