Maine Security Deposit Demand Letter
In Maine a landlord must return your deposit with a written itemized statement of reasons within 30 days (written lease) or 21 days (tenancy at will). Wrongful retention costs double the amount withheld plus attorney's fees. Attorney review available.
Introduction
A security deposit demand letter is a written demand a Maine tenant sends a former landlord to recover a security deposit that has not been returned, before filing in small claims court. Under 14 M.R.S. Section 6033, a landlord who holds a deposit under a written rental agreement must return it within the time stated in the agreement, not to exceed 30 days; under a tenancy at will, the landlord must return it within 21 days after the tenancy ends or the premises are surrendered and accepted, whichever occurs later. If the landlord keeps any part of the deposit, the landlord must provide a written statement itemizing the reasons for the retention along with payment of the difference. A landlord who fails to provide that statement or return the deposit within the deadline forfeits the right to withhold any part of it (Section 6033). A deposit or any part of it may not be kept to pay for normal wear and tear, and the deposit is capped at no more than two months' rent (Sections 6033, 6032). Wrongful retention makes the landlord liable for double the amount of the deposit wrongfully withheld, together with reasonable attorney's fees and court costs, and in any tenant action the landlord bears the burden of proving the withholding was not wrongful (Section 6034). A presumption of wrongful retention arises if the landlord does not return the deposit within 7 days after receiving the tenant's written notice of intent to sue. If the demand is ignored, a Maine tenant can sue in small claims court for up to $10,000 (14 M.R.S. Section 7482), and the general deadline to sue is six years (14 M.R.S. Section 752). DocDraft builds your Maine security deposit demand letter from your facts, with attorney review available before you send it.
Key Things to Know
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A security deposit demand letter is a written demand a Maine tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to small claims court.
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A landlord under a written rental agreement must return the deposit within the time the agreement states, not to exceed 30 days; under a tenancy at will, within 21 days after the tenancy ends or the premises are surrendered and accepted, whichever occurs later (14 M.R.S. Section 6033).
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If the landlord keeps any part of the deposit, the landlord must provide a written statement itemizing the reasons for the retention along with payment of the difference; failing to do so, or to return the deposit on time, forfeits the right to withhold any part of it (14 M.R.S. Section 6033).
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A deposit or any part of it may not be retained to pay for normal wear and tear (14 M.R.S. Section 6033).
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A Maine security deposit is capped at no more than the rent for two months (14 M.R.S. Section 6032).
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Wrongful retention makes the landlord liable for double the amount of the deposit wrongfully withheld, together with reasonable attorney's fees and court costs, and the landlord bears the burden of proving the withholding was not wrongful (14 M.R.S. Section 6034). A presumption of wrongful retention arises if the landlord does not return the deposit within 7 days after receiving the tenant's written notice of intent to sue.
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If the demand is ignored, a Maine tenant can sue in small claims court for up to $10,000 (14 M.R.S. Section 7482); the general deadline to sue is six years (14 M.R.S. Section 752).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Maine, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Maine Requirements for Security Deposit Demand Letter
A Maine landlord under a written rental agreement must return the deposit within the time the agreement states, not to exceed 30 days; under a tenancy at will, within 21 days after the tenancy ends or the premises are surrendered and accepted, whichever occurs later (14 M.R.S. Section 6033). Your demand letter should note that this deadline has passed.
If a Maine landlord keeps any part of the deposit, the landlord must provide a written statement itemizing the reasons for the retention along with payment of the difference; failing to do so, or to return the deposit on time, forfeits the right to withhold any part of it (14 M.R.S. Section 6033).
Reasons a Maine landlord may retain the deposit include, but are not limited to, the costs of storing and disposing of unclaimed property, nonpayment of rent, and nonpayment of utility charges the tenant was required to pay directly to the landlord (14 M.R.S. Section 6033). Retention outside these reasons can be disputed.
A Maine security deposit or any part of it may not be retained to pay for normal wear and tear (14 M.R.S. Section 6033). Charges for ordinary wear and tear are improper and can be challenged in your demand letter.
A Maine lease or tenancy at will agreement may not require a security deposit greater than the rent for two months (14 M.R.S. Section 6032). A deposit above that cap is not authorized by the statute.
Wrongful retention makes a Maine landlord liable for double the amount of the deposit wrongfully withheld, together with reasonable attorney's fees and court costs, and the landlord bears the burden of proving the withholding was not wrongful (14 M.R.S. Section 6034). No separate bad-faith finding is required.
A presumption of wrongful retention arises if a Maine landlord does not return the deposit within 7 days after receiving the tenant's written notice of intent to sue (14 M.R.S. Section 6034). Stating your intent to sue in the demand letter, and keeping proof of delivery, starts that 7-day period.
If the demand is ignored, a Maine small claims action is limited to $10,000, exclusive of interest and costs (14 M.R.S. Section 7482). The general deadline to sue is six years (14 M.R.S. Section 752), though filing promptly after the demand is the practical course.
Frequently Asked Questions
It is a written demand a Maine tenant sends a former landlord to recover a security deposit the landlord did not return or account for within the deadline in 14 M.R.S. Section 6033. The letter states the amount owed, disputes any improper reason for the retention, and asks for payment by a set date. In Maine it can also serve as a written notice of intent to sue, which matters because a presumption of wrongful retention arises if the landlord does not return the deposit within 7 days after receiving that notice (Section 6034).
A Maine security deposit demand letter is an informal written request that costs nothing to send and asks the landlord to pay before any case is filed. Small claims court is a formal case you file, usually after the demand is ignored, where the limit is $10,000 (14 M.R.S. Section 7482). The demand letter often resolves the dispute on its own, and if it also states your intent to sue, it can start the 7-day period after which a presumption of wrongful retention arises under Section 6034.
It depends on the tenancy. Under 14 M.R.S. Section 6033, a Maine landlord holding a deposit under a written rental agreement must return it within the time the agreement states, not to exceed 30 days. Under a tenancy at will, the landlord must return it within 21 days after the tenancy ends or the premises are surrendered and accepted, whichever occurs later. A landlord who fails to return the deposit or provide the required written statement of reasons within that deadline forfeits the right to withhold any part of it.
Under 14 M.R.S. Section 6034, the wrongful retention of a security deposit makes a Maine landlord liable for double the amount of the deposit wrongfully withheld, together with reasonable attorney's fees and court costs. The statute does not require a separate finding of bad faith, and in any tenant action the landlord bears the burden of proving the withholding was not wrongful. A presumption of wrongful retention also arises if the landlord does not return the deposit within 7 days after receiving the tenant's written notice of intent to sue.
Under 14 M.R.S. Section 6033, reasons a Maine landlord may retain the deposit include, but are not limited to, the costs of storing and disposing of unclaimed property, nonpayment of rent, and nonpayment of utility charges that the tenant was required to pay directly to the landlord. A deposit or any part of it may not be retained to pay for normal wear and tear. Retention outside these reasons, or for ordinary wear and tear, can be disputed in your demand letter.
Yes. Under 14 M.R.S. Section 6033, if a Maine landlord keeps any part of the deposit, the landlord must provide a written statement itemizing the reasons for the retention, along with payment of the difference between the deposit and the amount retained. A landlord who fails to provide that written statement, or to return the deposit within the deadline, forfeits the right to withhold any part of the deposit, which supports your demand for its full return.
A Maine small claims action is limited to $10,000, exclusive of interest and costs (14 M.R.S. Section 7482). A deposit claim can include the amount wrongfully withheld plus double that amount, together with reasonable attorney's fees and court costs, under 14 M.R.S. Section 6034. The general deadline to sue is six years (14 M.R.S. Section 752), though sending your demand letter and filing promptly is the practical approach.
A Maine demand letter should identify you and the landlord, give the rental address and the dates of the tenancy, state the deposit amount and your forwarding address, and note that the 30-day (written lease) or 21-day (tenancy at will) deadline under 14 M.R.S. Section 6033 has passed with no written statement of reasons. It should dispute any improper retention, state the exact amount owed, demand payment by a specific date, and state your intent to sue, which starts the 7-day period for the presumption of wrongful retention. Referencing the double-damages remedy plus attorney's fees under Section 6034 reinforces the demand.