Getting the Deposit Back
14 M.R.S. § 6033 — back, or an itemized statement, within 30 days on a lease and 21 days at will
The landlord's deadline. The landlord returns the full deposit, or a written statement itemizing the reasons for keeping part of it with the rest of the money, within the time a written rental agreement states, never more than 30 days, or within 21 days after a tenancy at will ends or the tenant surrenders the unit, whichever is later.
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- No deposit may be more than 2 months' rent.
- None of it may be kept for normal wear and tear, the deterioration that comes with ordinary use, without negligence, carelessness, accident or abuse.
- It may be kept for unpaid rent, unpaid utility charges owed to the landlord, and the cost of storing and disposing of property left behind.
- A landlord who misses the deadline forfeits the right to keep any of it.
- A lease term, written or spoken, that waives any of these protections is void.
Before suing, the tenant gives the landlord notice of the intent to sue at least 7 days ahead. A landlord who still does not return the whole deposit within those 7 days is presumed to be keeping it wrongfully, and wrongful retention costs double the amount withheld, with reasonable attorney's fees and court costs. In court the landlord has to prove the withholding was not wrongful.
These rules do not reach a building of 5 or fewer units where the landlord lives in one of them.
Sources for this section (6)
- 14 M.R.S. § 6032 — Maximum security deposit
- 14 M.R.S. § 6033 — Return of the security deposit
- 14 M.R.S. § 6034 — Wrongful retention; damages
- 14 M.R.S. § 6031 — Definitions
- 14 M.R.S. § 6036 — Waiver of provisions
- 14 M.R.S. § 6037 — Exemptions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maine attorney.