Santa Fe carries a high proportion of second homes, longer leases and higher-value tenancies, which is exactly the profile where New Mexico's interest-on-excess rule stops being theoretical.

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New Mexico rules that apply here
Longer leases are common here, and they are the circumstance in which a deposit above one month's rent arises. Once that happens the landlord owes the tenant annual interest on the excess portion, calculated at the statutory reference rate. Across a portfolio of higher-value units on multi-year terms, that is a recurring obligation attached to a subset of tenancies rather than to all of them, which is precisely the kind of partial rule that gets applied to everyone or to no one.
The accrual also has to survive lease renewals and rent changes. The threshold is one month's rent, so if rent rises the base month rises with it and the excess portion shrinks even though the deposit held has not changed. Recomputing on renewal is what keeps the interest calculation correct rather than drifting.
Second-home and part-year properties add a separate question about what the property actually is in a given year. A unit used personally for part of the year and let for the rest has an expense allocation that follows that usage, and the allocation cannot be reconstructed later from a calendar nobody kept.
New Mexico 47-8-18 ties the cap to LEASE LENGTH rather than to the unit: one month's rent for agreements of a year or less. The itemised written list of deductions and the balance are due within 30 days of termination of the rental agreement or the resident's departure, WHICHEVER IS LATER, so assuming the clock starts at move-out uses the earlier date.
Where a landlord collects more than one month's rent, annual interest is owed to the tenant on the portion EXCEEDING one month. That splits a single deposit into two components with different treatments: the base month as an ordinary trust liability, and the excess as an accruing one. A ledger holding one figure per tenant cannot compute the obligation, and because the threshold is one month's RENT, a rent increase shrinks the excess without the deposit changing.
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Only on the portion above one month's rent, which typically arises on longer leases. It is an annual obligation attached to a subset of tenancies, not to the whole portfolio.
Yes. The threshold is one month's rent, so as rent rises the base month rises and the excess portion shrinks even though the deposit held is unchanged. We recompute on renewal.
The expense allocation follows actual usage, so the split between personal and rental use is tracked as it happens rather than reconstructed from a calendar nobody kept.
Other New Mexico markets, the platforms we work in, and the functions available on their own.
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