What Maine requires
- 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)
- 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)
- 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
30 days, or 21 for a tenancy at will
Return the full deposit, or give a written statement itemizing the reasons for keeping any of it with payment of the difference, within the time a written rental agreement states, never more than 30 days. For a tenancy at will, the time is 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.
Normal wear and tear
No part of the deposit may pay for normal wear and tear: deterioration from 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.
Other reasons to keep money
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 landlord.
Late or wrongful
A landlord who does not give the statement or return the deposit in time forfeits the right to withhold any part of it. Before suing, the tenant gives at least 7 days' notice; wrongful retention then costs double the amount wrongfully withheld plus attorney's fees and costs, and the landlord must prove it was not wrongful.
Common mistakes
- Giving a tenant at will 30 days when the law gives 21.
- Charging normal wear and tear.
- Sending the statement without payment of the difference.
- Ignoring the tenant's 7-day notice before a lawsuit.
Sources
- 14 M.R.S. s. 6033 (2), checked October 10, 2026
- 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 (3), checked October 10, 2026
- 14 M.R.S. s. 6034, checked October 10, 2026
Last reviewed October 23, 2026. Next review due January 23, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.