History: 1953 Comp., § 70-7-18, enacted by Laws 1975, ch. 38, § 18; 1985, ch. 146, §
2; 1989, ch. 340, § 2.
ANNOTATIONS
Bracketed material. — The bracketed material was inserted by the compiler and is not
part of the law. Subsection D of 47-8-3 NMSA 1978 was redesignated Subsection E by
Laws 1999, ch. 99, § 1.
The 1989 amendment, effective June 16, 1989, in Subsection D, added Paragraph (4);
and added Subsection E.
The 1985 amendment substituted "Section 47-8-3 NMSA 1978" for "Section 3 of the
Uniform Owner-Resident Regulations Act" at the end of the first sentence and inserted
"of Subsection A" following "Paragraph (1)" in the second sentence of Subsection B,
substituted "Section 47-8-22 NMSA 1978" for "Section 22 of the Uniform Owner-
Resident Relations Act" at the end of the first sentence, deleted the former second
sentence, relating to delivering the balance of the deposit and prepaid rent to the
resident, and added the second, third, and fourth sentences of Subsection C and
deleted the former provisions of Subsection D which read as set out in the 1982
Replacement Pamphlet.
Duty to provide list of damages. — When the landlord failed to provide her tenant
with an itemized list of damage deductions as required by Subsection C, she forfeited
her right to withhold any portion of the deposit or to file suit for damages as provided by
Subsection D, and the tenant was entitled to an award of attorney's fees. Garcia v.
Thong, 1995-NMSC-030, 119 N.M. 704, 895 P.2d 226.