Maine Security Deposit Rules: Caps, Lawful Deductions & Penalties (2026)

How much a landlord can charge, and which deductions are actually legal

At a glance

Who this covers — and who it does not

This page covers how much a landlord may charge in Maine, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.

It does not cover:

How much the landlord may charge in the first place

Two months' rent (a lease or tenancy-at-will agreement may not require a deposit exceeding 2 months' rent) — § 6032.

Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.

Which deductions the statute permits

Claimed deductionPermitted in Maine
Costs of storing and disposing of unclaimed propertyPermitted, if substantiated
Nonpayment of rentPermitted, if substantiated
Nonpayment of utility charges the tenant was required to pay directly to the landlordPermitted, if substantiated
Other actual cause itemized in writingPermitted, if substantiated

Which deductions the statute does not permit

Claimed deductionPermitted in Maine
Normal wear and tearNot permitted
Any amount without the written itemized statement within the deadlineNot permitted

Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.

Who has to prove what

The landlord may retain only for actual cause (unpaid rent, unpaid utilities, unclaimed-property storage/disposal, and similar), must itemize in writing, and may not retain for normal wear and tear. Under §6034(3), the landlord bears the burden of proving the withholding was not wrongful.

In Maine the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. 14 M.R.S. § 6034(3) ↗

What you can claim if deductions are unlawful

缅因的 2 倍错误扣留罚金与举证倒置

Presumed wrongful retention + burden shift

After 7 days of non-return following notice of legal action, wrongful retention is presumed and the landlord bears the burden of proving it was not wrongful — a powerful procedural advantage.

14 M.R.S. § 6034(1), (3) ↗

2x wrongfully withheld + fees + costs

A wrongfully retaining landlord owes double the amount wrongfully withheld plus reasonable attorney fees and court costs (fees can exceed the small-claims cap, per 2025 ME 95).

14 M.R.S. § 6034(2) ↗

Common landlord defences and how to answer them

““I'm deducting for normal wear.””

Normal wear and tear may never be retained. Only actual cause (unpaid rent, unpaid utilities, unclaimed-property costs) may be withheld, and only with a written itemized statement.

14 M.R.S. § 6033(1), (2)

““You can't prove I acted wrongly.””

Under §6034, once I give notice of legal action and 7 days pass without full return, wrongful retention is presumed — and the burden shifts to you to prove it was not wrongful.

14 M.R.S. § 6034(1), (3)

““I'll keep the deposit and you can sue me.””

Wrongful retention makes you liable for double the amount wrongfully withheld, plus my reasonable attorney fees and court costs.

14 M.R.S. § 6034(2)

Where sources disagree

Some widely circulated summaries of Maine deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.

Return deadline (21 days vs 30 days)

SourceWhat it says
Some summaries21 days
14 M.R.S. § 6033(2)21 days for tenancy at will; up to 30 days for a written lease

What we follow: 21 days (at will) / up to 30 days (written lease)

The statute distinguishes by tenancy type. Reporting only "21 days" misstates the rule for written leases.

Sources and how to verify them

Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.

StatuteLast verifiedSource
14 M.R.S. § 6033(2)(B) 2026-10-15 official text ↗
14 M.R.S. § 6033(2)(A) 2026-10-15 official text ↗
14 M.R.S. § 6034 2026-10-15 official text ↗
14 M.R.S. § 6034(2) 2026-10-15 official text ↗
14 M.R.S. § 6034(3) 2026-10-15 official text ↗
14 M.R.S. § 6034(1), (3) 2026-10-15 official text ↗

Primary reference: 14 M.R.S. §§ 6032 to 6034 (Security Deposits on Residential Rental Units). Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.

When you need a lawyer instead of a tool

A self-help letter is the right starting point for a single deposit you can document. Get legal help if:

Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.

More Maine guides

Maine Security Deposit Return

→ All Maine tenant rights topics

Common questions

What can a landlord not deduct from my Maine deposit?

The statute does not permit deductions for: normal wear and tear; any amount without the written itemized statement within the deadline.

Who has to prove that a deduction was justified in Maine?

The landlord. The landlord may retain only for actual cause (unpaid rent, unpaid utilities, unclaimed-property storage/disposal, and similar), must itemize in writing, and may not retain for normal wear and tear. Under §6034(3), the landlord bears the burden of proving the withholding was not wrongful.

How much can a landlord charge as a deposit in Maine?

Two months' rent (a lease or tenancy-at-will agreement may not require a deposit exceeding 2 months' rent) — § 6032.

Is ordinary wear and tear deductible from my Maine deposit?

No. Normal wear and tear