New Mexico Statutes Chapter 47. Property Law § 47-8-19.2. Dwelling unit applicant screening fee;  prohibited fees

(1) provides the applicant with written or digital notice of the screening fee and the applicant agrees in writing to pay the screening fee;

(2) shall not charge the applicant a screening fee when the owner knows or should know that a dwelling unit is not available for rent at that time or will not be available at the beginning of the residency;

(3) provides the applicant with a written or digital receipt for the screening fee paid by the applicant;

(4) shall place a hold on a credit card or wait to deposit cash or checks for an applicant's screening fee until all prior applicants have either been screened and rejected or offered the dwelling unit and declined to enter into a rental agreement;  and

(5) shall not charge any other fees to process an application.

(1) a prior applicant is offered the dwelling unit and agrees to enter into a rental agreement;  or

(2) the owner does not:

(1) returned by certified mail;

(2) destroyed upon the applicant's request if paid by check;  or

(3) made available for the applicant to retrieve.