SECURITY DEPOSIT ITEMIZATION LETTER

(Compliant with Maine Residential Landlord-Tenant Law, 14 M.R.S. § 6031-6038)

[// GUIDANCE: This template assumes the tenancy has terminated and the Landlord is returning all or a portion of the Security Deposit. It is drafted to satisfy the itemization and timing requirements of 14 M.R.S. § 6033 and to minimize exposure to the double-damage penalty for wrongful withholding. Customize all bracketed text and attach backup documentation (invoices, photographs, receipts) where indicated.]

I. DOCUMENT HEADER

1. Date of Issuance: [DATE]
2. To (Tenant): [TENANT FULL LEGAL NAME]
   Last Known Address: [STREET, CITY, STATE ZIP]
3. From (Landlord): [LANDLORD FULL LEGAL NAME & ENTITY TYPE]
   Business Address: [STREET, CITY, STATE ZIP]
4. Premises: [STREET, UNIT #, CITY, ME ZIP]
5. Lease Term: Commencement [MM/DD/YYYY] – Termination [MM/DD/YYYY]
6. Security Deposit Originally Paid: $[AMOUNT] (the “Security Deposit”)

II. DEFINITIONS

For purposes of this Letter:

A. “Deposit Statute” means 14 M.R.S. § 6031 et seq.
B. “Itemization Deadline” means (i) 21 days after the Tenant’s surrender of possession for a tenancy at will; or (ii) 30 days after the Tenant’s surrender of possession for a tenancy governed by a written lease.
C. “Normal Wear and Tear” has the meaning ascribed in 14 M.R.S. § 6031(2).
D. “Premises Condition Report” means any move-in/move-out checklist executed by the Parties.

III. OPERATIVE PROVISIONS

1. Compliance with Return Deadline
   Landlord is transmitting this Letter and any net refund of the Security Deposit on or before the applicable Itemization Deadline.

2. Itemization of Allowable Deductions
   Pursuant to the Deposit Statute, Landlord has deducted only those amounts permitted by law, specifically:
   • Unpaid Rent and Late Fees;
   • Damages to the Premises exceeding Normal Wear and Tear; and
   • Costs of necessary cleaning to restore the Premises to its original condition, less Normal Wear and Tear.

The chart below provides a good-faith, detailed accounting:

3. Interest on Deposit
   [// GUIDANCE: Under 14 M.R.S. § 6038, interest is required only if (a) the Property has more than 5 dwelling units and (b) the Security Deposit has been held for at least one year. Delete or modify as necessary.]
   Landlord [has/has not] included interest in the amount of $[AMOUNT], calculated in accordance with 14 M.R.S. § 6038.

4. Net Balance
   • Security Deposit Received: $[ORIGINAL AMOUNT]
   • Less Total Deductions: $[DEDUCTIONS]
   • Plus Interest (if any): $[INTEREST]
   => Balance Due to Tenant: $[REFUND] OR Balance Due from Tenant: $[DEFICIENCY]

5. Payment Method
   Any refund is enclosed via [check/money order] payable to Tenant. If a deficiency remains, please remit payment within ten (10) business days of the Date of Issuance to the address above.

IV. REPRESENTATIONS & WARRANTIES

1. Landlord represents that the foregoing Itemization is true, correct, and made in good faith.
2. Landlord further represents that all deductions are reasonable, actually incurred, and permitted under the Deposit Statute.
3. The Parties acknowledge that this Letter constitutes the “itemized statement” required by 14 M.R.S. § 6033(2).

V. COVENANTS & NOTICE OF RIGHTS

1. Tenant’s Right to Inspect & Dispute
   Tenant may request copies of invoices, receipts, or photographs supporting the deductions and may deliver any written dispute to Landlord within thirty (30) days of receipt of this Letter.

2. Statutory Penalties
   Tenant is advised that wrongful withholding of any portion of the Security Deposit may subject Landlord to damages up to double the amount withheld plus reasonable attorney’s fees, pursuant to 14 M.R.S. § 6034(2).

VI. DEFAULT & REMEDIES

Should Tenant fail to remit any deficiency within the time stated, Landlord reserves all rights and remedies available at law or in equity, including the initiation of a civil action in the forum designated below.

VII. RISK ALLOCATION

[Not applicable – indemnification and liability caps are governed by statutory penalties outlined above.]

VIII. DISPUTE RESOLUTION

1. Governing Law
   This Letter and any dispute arising herefrom shall be construed in accordance with the laws of the State of Maine, without regard to conflict-of-law principles.

2. Forum Selection
   The parties consent to the exclusive jurisdiction of the [COUNTY] Housing Court or other court of competent jurisdiction located in the State of Maine.

3. Arbitration
   Arbitration is expressly excluded.

4. Jury Trial
   Nothing herein shall be construed as a waiver of either party’s constitutional right to a jury trial.

IX. GENERAL PROVISIONS

1. Entire Statement
   This Letter constitutes the entire required itemization under the Deposit Statute and supersedes any prior oral or written statements regarding the matters addressed herein.

2. Severability
   If any provision of this Letter is held invalid or unenforceable, the remainder shall remain in full force and effect.

3. Electronic Delivery
   Delivery by U.S. Mail to Tenant’s last known address, or by electronic means if authorized in the Lease, shall constitute effective notice.

X. EXECUTION BLOCK

Executed as of the Date of Issuance.

[AUTHORIZED SIGNATORY NAME]
[Title, if applicable]
For and on behalf of [LANDLORD LEGAL NAME]

Acknowledged: (optional)

[TENANT NAME]

[// GUIDANCE:
1. Attach Exhibits (Invoices, Photos, Receipts) sequentially (Ex. A, B, C …) referenced in the Itemization chart.
2. Retain proof of mailing (e.g., USPS Certificate of Mailing or Certified Mail) to establish statutory compliance.
3. If any portion of the Security Deposit is being withheld for “unknown or contingent” damages, this must still be itemized with a reasonable estimate and adjusted later if necessary.
4. Consider maintaining the funds in a segregated, interest-bearing account to simplify future statutory computations.]