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.
0/5000
Key Things to Know
- 1
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.
- 2
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).
- 3
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).
- 4
A deposit or any part of it may not be retained to pay for normal wear and tear (14 M.R.S. Section 6033).
- 5
A Maine security deposit is capped at no more than the rent for two months (14 M.R.S. Section 6032).
- 6
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.
- 7
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.
Open the Security Deposit Demand Letter guideCustomize your Security Deposit Demand Letter Template with DocDraft
Maine Requirements for Security Deposit Demand Letter
Return Deadline of 30 or 21 Days
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.
Written Itemized Statement of Reasons
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).
Permitted Reasons for Retention
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.
No Retention for Normal Wear and Tear
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.
Deposit Capped at Two Months' Rent
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.
Double Damages Plus Attorney's Fees
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.
Notice of Intent to Sue and the 7-Day Presumption
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.
Small Claims Limit and Deadline to Sue
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.