Maine Statewide Rule
Maine Security Deposit Law (Me. Rev. Stat. tit. 14 §§ 6031–6038)
Key Facts
- Deposit cap
- 2 months' rent
- Return deadline
- 30 days (written lease); 21 days (tenancy at will)
- Itemized statement
- Required; written statement of deductions with balance payment
- Statute
- Me. Rev. Stat. tit. 14 §§ 6031–6038
- Penalty
- Double the amount wrongfully withheld plus attorney's fees and court costs
Summary
Maine caps a residential security deposit at two months' rent. A landlord must return the deposit with an itemized statement of any deductions within 30 days under a written lease, or 21 days for a tenancy at will. A landlord who wrongfully withholds a deposit owes the tenant double the amount plus attorney's fees and court costs.
§6033. Return of the security deposit 1. Normal wear and tear. A security deposit or any portion of a security deposit shall not be retained for the purpose of paying for normal wear and tear. [PL 1977, c. 359 (NEW).] 2. Return; time; retention. A landlord shall return to a tenant the full security deposit deposited with the landlord by the tenant or, if there is actual cause for retaining the security deposit or any portion of it, the landlord shall provide the tenant with a written statement itemizing the reasons for the retention of the security deposit or any portion of it: A. In the case of a written rental agreement, within the time, not to exceed 30 days, stated in the agreement; and [PL 1977, c. 359 (NEW).] B. In the case of a tenancy at will, within 21 days after the termination of the tenancy or the surrender and acceptance of the premises, whichever occurs later. [PL 1977, c. 359 (NEW).] The written statement itemizing the reasons for the retention of any portion of the security deposit must be accompanied by a full payment of the difference between the security deposit and the amount retained. Reasons for which a landlord may retain the security deposit or a portion of the security deposit include, but are not limited to, covering the costs of storing and disposing of unclaimed property, nonpayment of rent and nonpayment of utility charges that the tenant was required to pay directly to the landlord.
Full Breakdown
Under Me. Rev. Stat. tit. 14 §6032, "A lease or tenancy at will agreement for a dwelling intended for human habitation may not require a security deposit equivalent to more than the rent for 2 months." Section 6033 sets the return timeline: for a written rental agreement, the deposit and any itemized statement of deductions are due "within the time, not to exceed 30 days, stated in the agreement"; for a tenancy at will, within 21 days after termination or surrender and acceptance of the premises, whichever is later. The landlord must provide a written statement itemizing reasons for any retention, accompanied by full payment of the balance. A landlord may deduct for unpaid rent, unpaid utility charges the tenant owed, and damage beyond normal wear and tear, but not for ordinary wear and tear (§6031).
Violations & Penalties
Under Me. Rev. Stat. tit. 14 §6034, wrongful retention renders a landlord liable for "double the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorney's fees and court costs." The tenant must give the landlord at least 7 days' written notice of intent to sue before filing. Missing the statutory deadline forfeits the landlord's right to withhold any portion.
Frequently Asked Questions
How much can a landlord charge for a security deposit in Maine?
How long does a landlord have to return a security deposit in Maine?
What can a landlord deduct from a security deposit in Maine?
Sources
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