Maine Security Deposit Law: Deadlines & Penalties
Maine landlords must return a security deposit within the time set in a written lease, which can be no more than 30 days after the tenancy ends. For a tenancy at will, the deadline is 21 days after the tenancy ends or the landlord accepts surrender of the unit, whichever is later. The landlord may keep money only for actual cause, such as unpaid rent or unpaid utility charges owed to the landlord, and never for normal wear and tear.
If the landlord keeps any part of the deposit, they must send a written statement itemizing the reasons, together with full payment of the balance. Mailing the statement and payment to the tenant's last known address counts as compliance, so giving the landlord a current forwarding address in writing helps make sure the refund actually reaches you.
Before going to court, a Maine tenant must give the landlord at least 7 days' notice of the intent to sue. If the landlord still doesn't return the entire deposit within that time, the law presumes the deposit is being wrongfully kept. A landlord who wrongfully keeps a deposit can be ordered to pay double the amount withheld, plus reasonable legal fees and court costs.
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Maine: common questions
How long does a Maine landlord have to return a deposit?
Up to 30 days after the tenancy ends if you had a written lease, or a shorter period if the lease sets one. For a tenancy at will, the deadline is 21 days after the tenancy ends or the landlord accepts your surrender of the unit, whichever is later.
Do I have to warn my Maine landlord before suing?
Yes. Maine requires a tenant to give the landlord notice of the intent to sue at least 7 days before filing. If the full deposit isn't returned within that period, the law presumes the landlord is wrongfully keeping it, and the landlord has to prove otherwise.
What can I recover if my Maine landlord wrongfully keeps my deposit?
A court can order the landlord to pay double the amount wrongfully withheld, plus reasonable legal fees and court costs. That makes it worth documenting the condition of the unit and keeping copies of your letters and mailing receipts.
What is the small claims limit in Maine?
Maine raised its small claims limit to $10,000, not counting interest and costs, which covers nearly every deposit dispute. Small claims cases are heard in the District Court, and the law describes the process as a simple, speedy and informal procedure.
Compare nearby states
| State | Return deadline | Itemized list | Small claims limit |
|---|---|---|---|
| Maine | 30 days | Required | $10,000 |
| New Hampshire | 30 days | Required | $10,000 |
| Alabama | 60 days | Required | $6,000 |
| Alaska | See statute | Required | $10,000 |
| Arizona | See statute | Required | $5,000 |
| Arkansas | 60 days | Required | $5,000 |
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