How much a landlord can charge, and which deductions are actually legal
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:
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.
| Claimed deduction | Permitted in Maine |
|---|---|
| Costs of storing and disposing of unclaimed property | Permitted, if substantiated |
| Nonpayment of rent | Permitted, if substantiated |
| Nonpayment of utility charges the tenant was required to pay directly to the landlord | Permitted, if substantiated |
| Other actual cause itemized in writing | Permitted, if substantiated |
| Claimed deduction | Permitted in Maine |
|---|---|
| Normal wear and tear | Not permitted |
| Any amount without the written itemized statement within the deadline | Not 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.
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) ↗
A landlord who withholds in bad faith may be liable for 2x the portion wrongfully withheld.
If the landlord fails to return the deposit or provide an itemized statement within the deadline, they forfeit the right to withhold any portion (§6033(3)). Further, under §6034, if the landlord fails to return the full deposit within 7 days after notice of impending legal action, wrongful retention is PRESUMED, and the landlord bears the burden of proving the withholding was not wrongful. A wrongfully retaining landlord is liable for DOUBLE the amount wrongfully withheld, plus reasonable attorney fees and court costs.
14 M.R.S. § 6034 ↗The tenant may recover the landlord's attorney fees.
Reasonable attorney fees and court costs are recoverable on a finding of wrongful retention under §6034(2). Per 2025 ME 95, attorney fees may be awarded in addition to (not within) the small-claims $6,000 damages cap.
14 M.R.S. § 6034(2) ↗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) ↗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) ↗““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)
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.
| Source | What it says |
|---|---|
| Some summaries | 21 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.
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.
| Statute | Last verified | Source |
|---|---|---|
| 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.
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.
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The statute does not permit deductions for: normal wear and tear; any amount without the written itemized statement within the deadline.
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.
Two months' rent (a lease or tenancy-at-will agreement may not require a deposit exceeding 2 months' rent) — § 6032.
No. Normal wear and tear