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Maine security deposit: 30 days to get it back

With a written rental agreement, the landlord must return the deposit or send a written itemized statement within the time stated in the agreement, which cannot exceed 30 days. For a tenancy at will (no written lease), the deadline is 21 days after the tenancy ends or the premises are surrendered and accepted, whichever is later. Any balance must come with the statement.

What the law requires

Itemized statement
If the landlord has actual cause to keep any part, it must give a written itemized statement of the reasons and pay the difference. Allowed reasons include unpaid rent, unpaid utilities the tenant owed the landlord directly, and storing or disposing of unclaimed property. Normal wear and tear cannot be deducted. No receipt threshold found.
Forwarding address
No forwarding address is required by the statute; the landlord complies by mailing the statement and any payment to the tenant's last known address.
If the landlord breaks the rules
Before suing, the tenant must give the landlord notice of intent to sue at least 7 days ahead; if the full deposit is not returned within those 7 days, retention is presumed wrongful. A landlord who wrongfully withholds is liable for double the wrongfully withheld amount plus reasonable attorney's fees and court costs, and has the burden of proving the withholding was proper.
Loss of the right to deduct
Yes. A landlord who fails to give the written statement or return the deposit on time forfeits the right to withhold any part of the deposit.
Deposit cap
Two months' rent (14 M.R.S. § 6032), counted for the whole rental unit rather than per tenant. Portland limits deposits to one month's rent under Portland Code § 6-223.2 (per a secondary source).
Small claims limit
$10,000 in Maine District Court (Small Claims)

Recent changes

No amendments to 14 M.R.S. §§ 6031-6038 since January 2024 found; statute history shows the last changes to § 6033 in 1995 and to the chapter in 2009-2010. Small claims limit rose from $6,000 to $10,000 effective Jan 1, 2026 (PL 2025, c. 261, amending 14 M.R.S. § 7482).

Local rules

Portland (2022 Tenant Housing Rights Ordinance, adopted by referendum) caps deposits at one month's rent (Portland Code § 6-223.2; from a secondary summary, verify). The state chapter does not apply to a unit in a building of five or fewer units where the landlord lives in one of the units (§ 6037).

If your landlord misses the deadline

  1. Write down your dates and gather proof: move-out date, the date you gave your forwarding address, the deposit amount, and anything the landlord sent. Photos and receipts help.
  2. Send a written demand by certified mail, keep the receipt, and cite 14 M.R.S. § 6033. Give a date to respond.
  3. If you still aren't paid, file in Maine District Court (Small Claims). Deposit claims up to $10,000 can be filed there, usually without a lawyer. Check the court's website for current filing fees and forms.

What a Maine demand letter looks like

Re: Demand for return of security deposit / Rental address: [Street address, unit, city, state ZIP]

Dear [Landlord name]:

I rented the property above from you under a lease that began on [lease start date]. I paid a security deposit of $[deposit amount] on [date paid]. I moved out and returned possession on [move-out date].

My forwarding address is [forwarding address]. Please send my deposit and any required statement to that address.

[A.] I have not received my deposit or an itemized statement of deductions. Under 14 M.R.S. § 6033, a landlord must return a tenant's security deposit, or send an itemized statement of any deductions, within 30 days after the tenant moves out. That deadline passed on [deadline date].

Preview of the first part of letter one. Yellow marks the parts you fill in.

Common questions

How long does a landlord in Maine have to return a security deposit?

With a written rental agreement, the landlord must return the deposit or send a written itemized statement within the time stated in the agreement, which cannot exceed 30 days. For a tenancy at will (no written lease), the deadline is 21 days after the tenancy ends or the premises are surrendered and accepted, whichever is later. Any balance must come with the statement.

What happens if a Maine landlord keeps the deposit wrongfully?

Before suing, the tenant must give the landlord notice of intent to sue at least 7 days ahead; if the full deposit is not returned within those 7 days, retention is presumed wrongful. A landlord who wrongfully withholds is liable for double the wrongfully withheld amount plus reasonable attorney's fees and court costs, and has the burden of proving the withholding was proper. Yes. A landlord who fails to give the written statement or return the deposit on time forfeits the right to withhold any part of the deposit.

Do I have to give my Maine landlord a forwarding address?

No forwarding address is required by the statute; the landlord complies by mailing the statement and any payment to the tenant's last known address.

Where do I sue for my deposit in Maine?

Deposit claims up to $10,000 can be filed in Maine District Court (Small Claims). Check the court's website for current filing fees and forms.

Other states

Rules reviewed October 2026. Laws change, so confirm with the statute before you rely on this page.