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Maine Security Deposit Law, in Plain English

Maine's deposit statute gives tenants a procedural edge most states don't: after a seven-day written notice, the law presumes a landlord who still hasn't paid is withholding wrongfully — and the landlord has to prove otherwise. Around that sit a two-month cap, a no-commingling rule, a 30-day (or 21-day) return, and double damages with the tenant's lawyer paid. Here's how 14 M.R.S. §§ 6032 through 6038 actually work, for both sides of the lease.

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30 / 21 daysReturn or itemize within 30 days after termination or surrender with a written lease, or 21 days for a tenancy at will
2 months' rentThe maximum security deposit under § 6032
0What may be retained for normal wear and tear under the statute
7 daysThe tenant's written notice before suit, after which unreturned money is presumed wrongfully withheld
2x + feesDouble the portion wrongfully withheld, plus reasonable attorney's fees and court costs

Two months' rent — held apart from the landlord's money, disclosed on request

A Maine lease or tenancy-at-will agreement may not require a security deposit exceeding two months' rent (§ 6032).

The deposit isn't the landlord's to use. Under § 6038 it may not be treated as an asset commingled with the landlord's own; it must be held in an account at a Maine institution — a single escrow account for all tenants is permitted — and on the tenant's request the landlord must disclose the name of the institution and the account number. A new owner must be told of the deposits and assume them. No interest is required.

After move-out: 30 days with a lease, 21 without — return it or itemize it

Two deadlines, depending on the tenancy. With a written lease, the landlord must act within the time the lease states, not exceeding 30 days after termination or surrender and acceptance of the premises, whichever is later. With a tenancy at will — month to month, no written lease — the deadline is 21 days after the same trigger.

Within that window, the landlord returns the full deposit, or a written statement itemizing the reasons for retaining any portion, accompanied by full payment of the difference. Mailing both to the tenant's last known address satisfies the statute.

What may be retained: damage beyond normal wear and tear, unpaid rent, unpaid utility charges the tenant owed directly to the landlord, and the costs of storing and disposing of unclaimed property. The statute states the exclusion outright — no portion of the deposit may be retained for normal wear and tear.

In Maine, the landlord has to prove the withholding wasn't wrongful. The move-in record is what either side will point to.

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PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Maine law or a particular result in a deposit dispute.

Silence forfeits the deposit — and seven days after your notice, the presumption flips

Section 6033(3) is unconditional: a landlord who fails to provide the written statement or return the deposit within the time specified forfeits the right to withhold any portion of it. Real damage doesn't rescue a late letter.

Then § 6034 adds the procedural edge. Before suing, the tenant gives the landlord written notice of intent to sue at least 7 days before filing. If the landlord fails to return the entire deposit within those seven days, it is presumed that the landlord is wrongfully retaining it — and in court, the landlord has the burden of proving the withholding wasn't wrongful. The tenant doesn't prove the unit was fine; the landlord proves it wasn't.

When it goes wrong: double the withheld amount, plus the lawyer

A landlord who wrongfully withholds any portion of the deposit is liable for double the amount wrongfully withheld, together with reasonable attorney's fees and court costs. No bad-faith element is required — the doubling follows from the wrongful withholding itself, and the fee award makes clean cases worth an attorney's time.

Disputes go to small claims in Maine District Court, which hears claims up to $10,000. The winning file: the lease, the seven-day notice, the itemized statement or proof none arrived, the account disclosure if requested, and dated room-by-room photos from both ends of the tenancy.

Frequently asked questions

How long does a landlord have to return a security deposit in Maine?

It depends on your tenancy. With a written lease, the deadline is whatever the lease says, up to 30 days after the tenancy ends or you surrender the unit, whichever is later. With a tenancy at will — month to month, no written lease — it's 21 days. Within that window the landlord returns the full deposit, or a written itemization of the reasons for retention with full payment of the difference.

How much can a landlord charge for a security deposit in Maine?

No more than two months' rent. The deposit can't be mixed with the landlord's own money — it must sit in an account at a Maine bank (one escrow account for all tenants is allowed) — and on request the landlord must tell you the institution and account number. No interest is required.

What can a landlord deduct from a deposit in Maine?

Damage beyond normal wear and tear, unpaid rent, unpaid utility charges you were required to pay directly to the landlord, and the costs of storing and disposing of property you left behind. The statute says it directly: the landlord may not retain any part of the deposit for normal wear and tear.

What happens if the landlord misses the deadline or skips the written statement?

The landlord forfeits the right to withhold any portion of the deposit — the whole amount comes back regardless of damage. And if you then have to sue, the landlord bears the burden of proving the withholding wasn't wrongful.

What is Maine's seven-day notice?

Before you file suit, you must give the landlord written notice of your intent to sue at least 7 days ahead. If the landlord doesn't return the entire deposit within those 7 days, the law presumes the retention is wrongful. Send the notice in writing, keep a copy, and note the date.

What can I recover if the landlord wrongfully keeps my deposit?

Double the portion wrongfully withheld, plus reasonable attorney's fees and court costs — with no need to prove bad faith. The fee award is why Maine deposit cases are worth a lawyer's time even for modest amounts.

Does Maine require a move-in inspection or photos?

No. The statute has no checklist, walkthrough, or photo requirement. But because the landlord carries the burden of proving a withholding wasn't wrongful, a landlord without a dated move-in record is in a weak position — and a tenant with one is in a strong one.

Where do deposit disputes go in Maine?

Small claims in Maine District Court, for claims up to $10,000 — informal and inexpensive. Bring the lease, your seven-day notice, the itemized statement or proof none arrived, the account disclosure if you requested it, and dated move-in and move-out photos.

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Done at the door, not at your desk
One link for everyone. No account, no app.
Dated, room-by-room proof for when the deposit is due