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Maine security deposit law

Source: 14 M.R.S. §§ 6031–6039 · Checked against the statute

Maximum deposit
No more than 2 months' rent (§ 6032). A surety bond plus any cash deposit also cannot exceed 2 months' rent (§ 6039).
Return deadline
30 days after the tenancy terminates (Written rental agreement); 21 days after the tenancy terminates (Tenancy at will)
If the landlord keeps it wrongly
Wrongful retention: double the amount wrongfully withheld, plus reasonable attorney's fees and court costs (§ 6034). Failing to hold the deposit as § 6038 requires: actual damages or $500 or one month's rent, whichever is greatest, plus costs (§ 6038).

Calculate your Maine deadline

Choose your state and move-out date to see when your landlord must return the deposit.

When the deposit must be returned

  • Return the deposit or give a written statement of reasons for keeping any of it within the time stated in the written rental agreement, which cannot be more than 30 days.
  • Return the deposit or give the written statement within 21 days after the tenancy ends or the unit is surrendered and accepted, whichever is later.

The landlord complies by mailing the statement and any payment to the tenant's last known address.

Itemized list of deductions

Required: Yes. Written statement itemizing the reasons for keeping any part of the deposit, sent with the balance.

What can and can't be deducted

No part of the deposit may be kept for normal wear and tear, defined as deterioration from intended use without negligence, carelessness, accident or abuse by the tenant. It does not include removing abandoned items such as trash, or costs (which may include cleaning) to return a unit that was habitable back to habitable condition (§§ 6031, 6033).

Nonrefundable fees

Any payment whose main purpose is to secure the lease is a security deposit no matter what it is called (§ 6031). Landlords may not charge a fee to submit, review or approve a rental application; they may charge only the actual cost of one background check, credit check or other screening, at most once per 12 months, and must give the applicant a copy of the results (§ 6030-H).

Interest, bank account and move-in inspection

  • Interest required: No. No statewide interest requirement.
  • Separate account required: Yes. The deposit must be kept apart from the landlord's assets in a bank or financial institution account protected from the landlord's creditors; one escrow account for all tenants is allowed. On request, the landlord must give the institution's name and account number (§ 6038).
  • Move-in inspection required: No. No statutory move-in inspection or checklist requirement.

Penalties and bad faith

Wrongful retention: double the amount wrongfully withheld, plus reasonable attorney's fees and court costs (§ 6034). Failing to hold the deposit as § 6038 requires: actual damages or $500 or one month's rent, whichever is greatest, plus costs (§ 6038).

If the landlord misses the deadline, the tenant gives 7 days' notice of intent to sue, and the landlord still does not return the full deposit, the landlord is presumed to be wrongfully keeping it. The landlord has the burden of proving the withholding was not wrongful (§ 6034).

Getting your deposit back in court

Small claims cover debts or damages up to $10,000, not counting interest and costs (14 M.R.S. § 7482). Court information

Before filing, many tenants send a written demand first. Write a Maine demand letter →

Also good to know

  • If the landlord misses the deadline, the landlord forfeits the right to keep any part of the deposit (§ 6033(3)).
  • The chapter does not apply to a unit in a building with 5 or fewer units when the landlord lives in one of them (§ 6037).
  • A landlord may offer, but not require, a surety bond instead of a deposit (§ 6039).
  • A tenant cannot waive these rules (§ 6036).

Sources

Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.