SECURITY DEPOSIT ITEMIZATION & DISPOSITION LETTER

(New Mexico – Uniform Owner-Resident Relations Act)

[// GUIDANCE: This template is drafted to satisfy N.M. Stat. Ann. § 47-8-18 (1978) (“UORRA”) requirements. Replace every bracketed ALL-CAPS placeholder with deal-specific information before use.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

A. Parties
1. “Landlord”: [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE] with principal office at [ADDRESS].
2. “Resident”: [RESIDENT FULL LEGAL NAME], formerly occupying the Premises identified below.

B. Premises
Street Address: [RENTAL PROPERTY ADDRESS] (“Premises”).

C. Lease
Original Lease Date: [LEASE DATE] (“Lease”).
Termination/Move-Out Date: [MOVE-OUT DATE].

D. Effective Date of Letter
[DATE OF THIS LETTER] (“Effective Date”).

E. Governing Law & Jurisdiction
This Letter is issued pursuant to the UORRA, N.M. Stat. Ann. § 47-8-18 (1978), and any dispute shall be brought exclusively in the state Housing Court of [COUNTY, NEW MEXICO].

II. DEFINITIONS

“Deposit” means the total security deposit (including any pet or additional deposits) paid by Resident pursuant to the Lease, in the aggregate amount of $[AMOUNT].

“Normal Wear and Tear” has the meaning assigned under UORRA § 47-8-3(M) (ordinary deterioration resulting from intended use, excluding negligence, carelessness, accident, or abuse).

“Statement” means this written itemization and disposition of the Deposit required by UORRA § 47-8-18(C).

III. OPERATIVE PROVISIONS

1. Deposit Received
   Landlord acknowledges receipt of the Deposit on [ORIGINAL DEPOSIT DATE] in the amount of $[AMOUNT].

2. Itemization of Deductions
   | No. | Description of Charge | Statutory Basis | Amount ($) | Supporting Doc. Ref. |
   |----|----------------------|-----------------|-----------|-----------------------|
   | 1 | [E.g., Unpaid Rent for 05/2025] | § 47-8-18(A)(3) | [ ] | [Invoice/Calc.] |
   | 2 | [E.g., Carpet Replacement – Damage Beyond Normal Wear] | § 47-8-18(A)(1) | [ ] | [Contractor Invoice] |
   | 3 | … | … | … | … |
   | Total Deductions | | | $[TOTAL] | |

3. Amount Due / Enclosed
   a. Deposit Balance Owed to Resident: $[DEPOSIT – TOTAL DEDUCTIONS]
   [Landlord’s check no. [CHECK #] dated [DATE] is enclosed.]

b. Deficiency (if deductions exceed Deposit): $[DEFICIENCY]
Resident shall remit payment within [10] days of receipt of this Statement.

4. Delivery Compliance
   This Statement is delivered within the thirty-day statutory period following Resident’s surrender of possession, in full satisfaction of UORRA § 47-8-18(C).

5. Resident’s Right to Contest
   Resident may submit written objections with supporting documentation to Landlord at the address above within [15] days of receipt. Failure to object timely constitutes acceptance of this Statement.

IV. REPRESENTATIONS & WARRANTIES

1. Landlord represents that each deduction is:
   a. Permitted under UORRA § 47-8-18(A);
   b. Supported by the actual cost incurred or a reasonable, good-faith estimate where final invoices are pending; and
   c. Not attributable to Normal Wear and Tear.

2. Landlord warrants that any additional refunds due to Resident upon receipt of final invoices will be remitted within [5] business days after Landlord’s receipt of such invoices.

V. COVENANTS & RESTRICTIONS

1. Landlord shall retain all records supporting the deductions for not less than [4] years and make them available for Resident’s reasonable inspection upon written request.
2. Resident covenants to forward any forwarding-address changes to Landlord in writing until all matters related to the Deposit are conclusively resolved.

VI. DEFAULT & REMEDIES

1. Resident Default: Non-payment of any deficiency by the due date constitutes a default.
2. Remedies: Upon default, Landlord may pursue money-damages relief in [COUNTY] Housing Court and seek court costs and reasonable attorneys’ fees as provided under UORRA § 47-8-18(E).

VII. RISK ALLOCATION

1. Indemnification: Not applicable.
2. Limitation of Liability: Landlord’s liability to Resident arising out of or relating to the Deposit is limited to the greater of (i) the Deposit amount or (ii) statutory penalties expressly provided in UORRA.
3. Force Majeure: Not applicable to monetary obligations under this Letter.

VIII. DISPUTE RESOLUTION

1. Governing Law: Laws of the State of New Mexico, without regard to conflict-of-law rules.
2. Forum: Exclusive jurisdiction and venue in the state Housing Court of [COUNTY, NM].
3. Arbitration: Excluded.
4. Jury Trial: No waiver—each party retains all constitutional rights.

IX. GENERAL PROVISIONS

1. Entire Notice: This Letter constitutes the entire Statement required by UORRA § 47-8-18(C) and supersedes any prior oral or written communications regarding the Deposit.
2. Amendments: Any amendment must be in a subsequent signed writing.
3. Severability: If any provision of this Letter is held unenforceable, the remainder shall remain in effect.
4. Counterparts & Electronic Signatures: This Letter may be executed in counterparts and delivered via electronic signature, each deemed an original.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, Landlord has executed and delivered this Security Deposit Itemization & Disposition Letter as of the Effective Date.

[LANDLORD NAME]
By: _____
Name: [SIGNATORY NAME]
Title: [TITLE]
Date: [DATE]

Acknowledged (optional):

[RESIDENT NAME]
Date: [DATE]

[// GUIDANCE: New Mexico does not require notarization for security-deposit statements. Landlord may nonetheless notarize for evidentiary purposes.]