How can I get back a security deposit my Maine landlord is withholding?
Under Maine law, landlords must return a tenant's security deposit or provide a written, itemized statement explaining any retention within specified time limits. If the landlord fails to do so, the landlord may forfeit the right to keep any of the deposit and a court may presume the withholding was wrongful. Tenants often send a written demand and, if that does not resolve the matter, bring a court action where the landlord bears the burden of proving the withholding was proper.
If a court finds the landlord wrongfully withheld the deposit, statutes permit remedies that can include payment of the deposit, double damages for the wrongfully withheld portion, reasonable attorney's fees, and court costs. Other provisions cover how deposits must be held, limits on deposit sizes, and special rules for surety bonds and mobile home lots.
Current Maine law
Every answer cites the statute
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The deadline that matters
A landlord must return the deposit or provide a written itemized statement within the time in 14 Me. Rev. Stat. § 6033: the lease time not to exceed 30 days, or 21 days for a tenancy at will.
What Maine law says
A landlord must return a tenant's full security deposit or provide a written, itemized statement explaining any retention: in the case of a written rental agreement, within the time (not to exceed 30 days) stated in the agreement, and in the case of a tenancy at will, within 21 days after termination or surrender, under 14 Me. Rev. Stat. § 6033. If the landlord does not provide the statement or return the deposit within those times, the landlord forfeits the right to withhold any portion of the deposit, and after a 7-day notice of intent to sue the tenant may rely on a statutory presumption that the withholding is wrongful, under 14 Me. Rev. Stat. § 6034. Wrongful retention can make the landlord liable for double the wrongfully withheld amount, plus reasonable attorney's fees and court costs, see 14 Me. Rev. Stat. § 6034. Security deposits may not be retained for normal wear and tear, under 14 Me. Rev. Stat. § 6033. Landlords must hold deposits in segregated accounts beyond creditors' claims and may face statutory damages if they fail to do so, under 14 Me. Rev. Stat. § 6038. Courts have applied these provisions to require return of deposits, to impose the statutory presumption after timely notice, and to award double damages and fees when withholding was not justified, see decisions such as Lyle v. Mangar, 36 A.3d 867, 2011 ME 129 and Karantza v. Salamone, 435 A.2d 1384 (Me. 1981). Additional rules limit deposits to two months' rent for residential leases, 14 Me. Rev. Stat. § 6032, and provide specific provisions for mobile home park deposits, 10 Me. Rev. Stat. § 9098.
What to do
A common first step is to check the lease for the time the landlord agreed to return the deposit and any relevant lease terms.
A common next step is to send a written demand for the deposit and itemized statement; the in-app tool can prepare a demand letter and small-claims filing materials.
A common option is to give the landlord the 7-day written notice of intent to sue required before filing a claim under 14 Me. Rev. Stat. § 6034.
A common step is to prepare a small-claims or civil filing with documentation: lease, move-in/move-out photos, receipts, and copies of correspondence.
A common step is to consider asserting statutory remedies available under the deposit and escrow rules if the landlord mixed or misused deposit funds, under 14 Me. Rev. Stat. § 6038.
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Common questions
What happens if the landlord does not send an itemized statement or return the deposit on time?
If the landlord fails to return the deposit or provide the required written statement within the statutory time, the landlord may forfeit the right to retain any of the deposit, and after a 7-day notice the withholding is presumed wrongful under 14 Me. Rev. Stat. § 6034.
Can a landlord keep the deposit for normal wear and tear?
No, security deposits may not be retained to pay for normal wear and tear, under 14 Me. Rev. Stat. § 6033.
What damages can a tenant get if the landlord wrongfully withholds a deposit?
Statutes allow recovery of double the amount wrongfully withheld, plus reasonable attorney's fees and court costs, when withholding violates the deposit statutes, under 14 Me. Rev. Stat. § 6034.
Are there limits on how large a residential security deposit can be?
Yes, a lease may not require a security deposit greater than two months' rent for a residential dwelling, under 14 Me. Rev. Stat. § 6032.
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This is legal information only, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
