Security Deposit Return Deadlines & Deductions in Maine

At a glance

Requirements one by one

Return and itemization

Section 6033(2) makes the written lease’s stated period controlling, but it cannot exceed 30 days. For a tenancy at will, the landlord has 21 days after the later of tenancy termination and surrender and acceptance of the premises. If the landlord retains any part for actual cause, the written reasons must accompany payment of the balance. Mailing both to the tenant’s last known address satisfies the statute.

Deductions and cap

Section 6033(1) bars any deduction for normal wear and tear. Subsection 2 names unclaimed-property storage and disposal, unpaid rent, and utilities the tenant owed directly to the landlord as examples of allowable reasons; § 6031(1) defines normal wear by reference to deterioration without negligence, carelessness, accident, or abuse. Section 6032 caps the deposit at two months’ rent.

Protected account

Section 6038(1) prohibits commingling a deposit with the landlord’s own assets and requires a bank or other financial institution account protected from the landlord’s creditors. The landlord may pool tenants’ deposits in one escrow account and must disclose the institution and account number on the tenant’s request. A court finding a violation gives the tenant actual damages, $500, or one month’s rent, whichever is greatest, plus costs and expenses; attorney’s fees are discretionary under § 6038(2).

Return and withholding remedies

Missing the return or written-statement deadline forfeits the right to withhold any part of the deposit under § 6033(3). Wrongful retention separately brings double the amount wrongfully withheld, reasonable attorney’s fees, and court costs under § 6034(2). The landlord bears the burden of showing the withholding was not wrongful in a tenant’s action.

What trips people up

Before suing over a missed return or statement, § 6034(1) requires at least seven days’ notice of intent to sue. If the landlord does not return the entire deposit in that period, wrongful retention is presumed.

Common questions

Does this chapter apply to a small building where the landlord lives? Section 6037(2) excludes a tenancy in a structure of five or fewer units if the landlord occupies one of them.

Can cleaning be deducted? Section 6031(1) allows costs needed to restore a formerly habitable unit to a habitable condition, including cleaning, unless the expense resulted from the landlord’s actions, an event beyond the tenant’s control, or someone outside the tenant’s household and guests.

Statutes and sources

• 14 M.R.S. § 6031(1): “"Normal wear and tear" means the deterioration that occurs, based upon the use for which the rental unit is intended, without negligence, carelessness, accident or abuse of the premises or equipment or chattels by the tenant or members of the tenant's household or their invitees or guests.” — https://legislature.maine.gov/statutes/14/title14sec6031.html (accessed 2026-10-07)
• 14 M.R.S. § 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.” — https://legislature.maine.gov/statutes/14/title14sec6032.html (accessed 2026-10-07)
• 14 M.R.S. § 6033(1): “A security deposit or any portion of a security deposit shall not be retained for the purpose of paying for normal wear and tear.” — https://legislature.maine.gov/statutes/14/title14sec6033.html (accessed 2026-10-07)
• 14 M.R.S. § 6033(2): “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:” — https://legislature.maine.gov/statutes/14/title14sec6033.html (accessed 2026-10-07)
• 14 M.R.S. § 6033(2)(A): “In the case of a written rental agreement, within the time, not to exceed 30 days, stated in the agreement; and” — https://legislature.maine.gov/statutes/14/title14sec6033.html (accessed 2026-10-07)
• 14 M.R.S. § 6033(2)(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.” — https://legislature.maine.gov/statutes/14/title14sec6033.html (accessed 2026-10-07)
• 14 M.R.S. § 6033(2), balance and mailing: “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. The landlord is deemed to have complied with this section by mailing the statement and any payment required to the last known address of the tenant.” — https://legislature.maine.gov/statutes/14/title14sec6033.html (accessed 2026-10-07)
• 14 M.R.S. § 6033(3): “If a landlord fails to provide a written statement or to return the security deposit within the time specified in subsection 2, the landlord shall forfeit his right to withhold any portion of the security deposit.” — https://legislature.maine.gov/statutes/14/title14sec6033.html (accessed 2026-10-07)
• 14 M.R.S. § 6034(1): “If the landlord fails to return the security deposit and provide the itemized statement within the time periods in section 6033, the tenant shall give notice to the landlord of the tenant's intention to bring a legal action no less than 7 days prior to commencing the action. If the landlord fails to return the entire security deposit within the 7-day period, it is presumed that the landlord is wrongfully retaining the security deposit.” — https://www.mainelegislature.org/legis/statutes/14/title14sec6034.html (accessed 2026-10-07)
• 14 M.R.S. § 6034(2): “The wrongful retention of a security deposit in violation of this chapter 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.” — https://www.mainelegislature.org/legis/statutes/14/title14sec6034.html (accessed 2026-10-07)
• 14 M.R.S. § 6034(3): “In any court action brought by a tenant under this section, the landlord has the burden of proving that the landlord's withholding of the security deposit, or any portion of it, was not wrongful.” — https://www.mainelegislature.org/legis/statutes/14/title14sec6034.html (accessed 2026-10-07)
• 14 M.R.S. § 6037(2): “This chapter shall not apply to any tenancy for a dwelling unit which is part of a structure containing no more than 5 dwelling units, one of which is occupied by the landlord.” — https://legislature.maine.gov/statutes/14/title14sec6037.html (accessed 2026-10-07)
• 14 M.R.S. § 6038(1): “During the term of a tenancy, a security deposit given to a landlord as part of a residential rental agreement may not be treated as an asset to be commingled with the assets of the landlord or any other entity or person. All security deposits received after October 1, 1979 must be held in an account of a bank or other financial institution under terms that place the security deposit beyond the claim of creditors of the landlord or any other entity or person, including a foreclosing mortgagee or trustee in bankruptcy, and that provide for transfer of the security deposit to a subsequent owner of the dwelling unit or to the tenant in accordance with section 6035.” — https://legislature.maine.gov/statutes/14/title14sec6038.html (accessed 2026-10-07)
• 14 M.R.S. § 6038(1), account disclosure: “Upon request by a tenant, a landlord shall disclose the name of the institution and the account number where the security deposit is being held. A landlord may use a single escrow account to hold security deposits from all of the tenants.” — https://legislature.maine.gov/statutes/14/title14sec6038.html (accessed 2026-10-07)
• 14 M.R.S. § 6038(2): “Upon a finding by a court that a violation of this section has occurred, the tenant is entitled to recover from the landlord actual damages, $500 or the equivalent of one month's rent, whichever is greatest, together with the aggregate amount of costs and expenses reasonably incurred in connection with the action. The court may also award to the tenant reasonable attorney's fees.” — https://legislature.maine.gov/statutes/14/title14sec6038.html (accessed 2026-10-07)
• 14 M.R.S. § 6031(1), habitability and cleaning: “If a rental unit was leased to the tenant in a habitable condition or if it was put in a habitable condition by the landlord during the term of the tenancy, normal wear and tear does not include sums required to be expended by the landlord to return the rental unit to a habitable condition, which may include costs for cleaning, unless expenditure of these sums was necessitated by actions of the landlord, events beyond the control of the tenant or actions of someone other than the tenant or members of the tenant's household or their invitees or guests.” — https://legislature.maine.gov/statutes/14/title14sec6031.html (accessed 2026-10-07)
• 14 M.R.S. § 6033(1)-(2): “A security deposit or any portion of a security deposit shall not be retained for the purpose of paying for normal wear and tear.” — https://legislature.maine.gov/statutes/14/title14sec6033.html (accessed 2026-10-07)
• 14 M.R.S. § 6034: “The wrongful retention of a security deposit in violation of this chapter 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.” — https://www.mainelegislature.org/legis/statutes/14/title14sec6034.html (accessed 2026-10-07)