Maine Security Deposit Law: Return Deadline, Limits, and How to Get It Back

In Maine, a landlord may not charge more than two months' rent as a security deposit, and after you move out the landlord must return your deposit within 30 days if you had a written lease, or within 21 days if you rented under a tenancy at will (no written lease). Along with any refund, the landlord must give you a written, itemized statement of any deductions. These rules come from Maine's residential security deposit statute, found in Title 14 of the Maine Revised Statutes (commonly the sections numbered around 14 M.R.S. ss 6031-6038). Because the Legislature updates these provisions and some Maine cities have their own rental ordinances, confirm the current section and figures before you rely on them.

How much a Maine landlord can charge

Maine is one of the states that caps deposits by statute. A landlord generally cannot demand a security deposit larger than the equivalent of two months' rent. "Security deposit" is defined broadly, so money labeled as a "pet deposit," "cleaning deposit," or "last month's rent held as security" usually counts toward that two-month ceiling. The cap does not change the fact that the deposit remains your money being held in trust; it is not the landlord's to spend.

• Maximum: two months' rent.
• Counts toward the cap: most refundable deposits, regardless of the name on the lease.
• Mobile home park residents have somewhat different rules under a separate part of Maine law, so check those if they apply to you.

The return deadline and the itemized statement

The clock starts when your tenancy ends and you leave. The landlord must, within the deadline that applies to your situation, either return the full deposit or return what is left along with a written statement explaining each deduction.

• Written lease: deposit (or balance plus itemized statement) due within 30 days.
• Tenancy at will: due within 21 days.
• The itemized statement should list each charge so you can see exactly what was taken out and why.

It helps to give the landlord your forwarding address in writing when you move, and to document the unit's condition with dated photos or video at move-in and move-out. That record is often the deciding factor if you later disagree about deductions.

What can and cannot be deducted

A Maine landlord may deduct for unpaid rent, unpaid utility charges you were responsible for, and the cost of repairing damage beyond normal wear and tear. The key limit is that ordinary wear and tear is not deductible.

• Usually deductible: holes in walls, broken fixtures, pet stains, removing trash or abandoned property, unpaid rent.
• Not deductible (normal wear and tear): faded paint, minor carpet wear from ordinary walking, small nail holes from hanging pictures, general aging of the unit.

The line between "damage" and "wear and tear" is the most common source of disputes. The longer you lived there, the more wear a landlord should reasonably expect.

Interest on the deposit

Maine's general residential security deposit law does not require landlords to pay tenants interest on an ordinary deposit. (Different rules can apply to certain situations, such as mobile home parks, and a lease could promise interest even when the statute does not.) If interest matters to you, read your lease and confirm the current statute.

Penalty for wrongful withholding and how to sue

If the deadline passes and the landlord has not returned your deposit or sent the itemized statement, send a written demand for the return of your money and keep a copy. Under Maine law, a landlord who continues to wrongfully withhold the deposit after that point can lose the right to keep any of it, and a landlord who acts in bad faith can be ordered to pay double the amount wrongfully withheld, plus reasonable attorney's fees and court costs.

If the landlord still won't pay, you can sue in Maine District Court small claims, which handles disputes up to $6,000. Small claims is designed for people without lawyers: you fill out a statement of claim, pay a modest filing fee, and present your evidence (lease, photos, your written demand, the itemized statement or lack of one) to a judge.

• Send a dated written demand first; it is often required before penalties apply and it sometimes prompts payment.
• Bring your move-in and move-out documentation to court.
• Free help is available from Maine legal aid organizations, and a landlord-tenant attorney can be worth it for larger amounts or if the landlord disputes bad faith.

This article is general information about Maine law, not legal advice. Landlord-tenant rules change and can carry local exceptions, so verify the current Maine statute or talk with a Maine tenant or landlord attorney about your specific situation.