What Maine requires
- No part of a security deposit may be kept to pay for normal wear and tear14 M.R.S. s. 6033 (1)
- Normal wear and tear is deterioration from the unit's intended use without negligence, carelessness, accident or abuse by the tenant, household, invitees or guests; it does not include removing articles the tenant abandoned, such as trash, or, for a unit leased or made habitable, the cost of returning it to habitable condition, which may include cleaning, unless the landlord or someone outside the tenant's household caused it14 M.R.S. s. 6031 (1)
- The landlord returns the full deposit or gives a written statement itemizing the reasons for keeping any of it, with payment of the difference: within the time stated in a written rental agreement, never more than 30 days, or for a tenancy at will within 21 days after the tenancy ends or the premises are surrendered and accepted, whichever is later; mailing to the tenant's last known address complies14 M.R.S. s. 6033 (2)
- Reasons a landlord may keep deposit money include storing and disposing of unclaimed property, unpaid rent, and unpaid utility charges the tenant had to pay directly to the landlord14 M.R.S. s. 6033 (2)
- A landlord who does not give the written statement or return the deposit in time forfeits the right to withhold any part of it14 M.R.S. s. 6033 (3)
- Before suing, the tenant gives the landlord at least 7 days' notice; if the deposit is not returned in that time, wrongful retention is presumed. Wrongful retention costs double the amount wrongfully withheld plus attorney's fees and costs, and the landlord must prove the withholding was not wrongful14 M.R.S. s. 6034
- The tenant may not unreasonably refuse entry for an inspection; except in an emergency or where impracticable, the landlord gives reasonable notice, 24 hours being presumed reasonable, and enters only at reasonable times14 M.R.S. s. 6025 (1) and (2)
Wear and tear, cleaning and abandoned items
No part of the deposit may pay for normal wear and tear, which the statutes define as deterioration from the unit's intended use without negligence, carelessness, accident or abuse by the tenant, their household, invitees or guests.
Two things fall outside that definition. Removing articles the tenant abandoned, such as trash, is not wear and tear. And where the unit was rented in, or brought to, habitable condition, the cost of returning it to habitable condition, which may include cleaning, is not wear and tear either, unless the landlord or someone outside the tenant's household caused it.
The written statement and the deadline
The landlord returns the full deposit, or gives a written statement itemizing the reasons for keeping any part of it along with the rest of the money. Under a written rental agreement, the deadline is the time it states, never more than 30 days; for a tenancy at will, 21 days after the tenancy ends or the premises are surrendered and accepted, whichever is later. Mailing to the tenant's last known address complies.
Allowed reasons include storing and disposing of unclaimed property, unpaid rent, and unpaid utility charges owed directly to the landlord. Missing the deadline forfeits the right to keep any of the deposit.
Disputes
Before suing, the tenant gives the landlord at least 7 days' notice. If the deposit is not returned in that time, wrongful retention is presumed, and wrongful retention costs double the amount withheld plus attorney's fees and court costs. The landlord carries the burden of proving the withholding was not wrongful.
Inspections during the tenancy
The tenant may not unreasonably refuse entry for an inspection. Except in an emergency or where impracticable, the landlord gives reasonable notice, 24 hours being presumed reasonable, and enters only at reasonable times.
From walkthrough notes to a finished Maine report
At move-out, note each room's cleanliness, anything left behind and any damage, separately. ReportDraft writes them up room by room as distinct findings, so each reason on the itemized statement has its own line and evidence, and leaves lines for the landlord and the tenant to sign.
A move-in report that records the unit as habitable and clean is what makes a cleaning deduction defensible later.
Common mistakes
- Assuming cleaning is always wear and tear; in a unit rented habitable, returning it to habitable condition is not.
- Charging for genuine wear from ordinary use.
- Missing the deadline: the agreement's term up to 30 days, or 21 days for a tenancy at will.
- Sending a statement without itemized reasons or without the balance.
- Entering for an inspection without reasonable notice.
Sources
- 14 M.R.S. s. 6033 (1), checked October 10, 2026
- 14 M.R.S. s. 6031 (1), checked October 10, 2026
- 14 M.R.S. s. 6033 (2), checked October 10, 2026
- 14 M.R.S. s. 6033 (3), checked October 10, 2026
- 14 M.R.S. s. 6034, checked October 10, 2026
- 14 M.R.S. s. 6025 (1) and (2), checked October 10, 2026
Last reviewed October 10, 2026. Next review due January 10, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.