| Quick Facts | Answer |
| Acceptable Deductions | Unpaid rent, utilities and late fees
Costs of damage Costs of storage and disposal Cleaning costs |
| Return Deadline | 21 or 30 days |
| Itemized Deductions | Required |
| Penalty for Late Return | 2x Amount Due + Court Costs + Attorneys’ Fees |
For laws on security deposit collections and holdings in Maine, click here.
Some cities and counties may have regulations which are different from those presented here. Always check local laws.
Security Deposit Deductions in Maine
In Maine, security deposits can be used to cover any breach or damage caused by the tenant, including, but not limited to:
- Unpaid rent, utilities, and late fees
- Costs of damage excluding normal wear and tear
- Costs of storing and disposing of unclaimed property
- Cleaning costs
Most states, including Maine, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable and reflective of actual landlord expenses.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What is Considered Normal Wear and Tear in Maine?
Maine, unlike many states, has a formal legal definition for “normal wear and tear.” This is what the law says:
“Normal wear and tear” means the deterioration that occurs, based upon the use for which the rental unit is intended.
Examples include:
- Lightly scratched glass
- Faded flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
Under Maine law, “damage” is:
[Deterioration from] negligence, carelessness, accident or abuse of the premises or equipment or chattels by the tenant or members of the tenant’s household or their invitees or guests.
Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in Maine?
Landlords can charge for replacing the carpet if it is damaged beyond normal wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in Maine?
Maine landlords can charge a tenant for nail holes if they damage the walls in a way that doesn’t demonstrate an ordinary and reasonable level of care.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage, and thus chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in Maine?
Maine law allows landlords to charge for reasonable cleaning costs limited to bringing the unit back to its original condition at the start of the lease.
Can the Landlord Charge for Painting in Maine?
Maine landlords can charge for painting, except for normal wear and tear. For example, a landlord might be able to charge for:
- Damage to the paint beyond normal wear and tear
- Tenant repainting without the landlord’s consent
- Tenant repainting with consent, but not doing the work to a professional standard
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint.
Landlords can charge for repainting if the damage is not the result of ordinary care. This includes stains, large or deep scratches, and water damage.
Security Deposit Returns in Maine
Landlords must return a security deposit by mail with a written statement of deductions to the tenant’s last known address within 21 or 30 days depending on the lease term.
How Long Do Landlords Have to Return Security Deposits in Maine?
Maine landlords have 30 days after the lease term ends to return any unused portion of the security deposit if the tenancy is governed by a written lease agreement.
For a tenancy at-will, landlords have 21 days after the lease term ends or the tenant vacates the rental unit, whichever is later, to return the security deposit.
A written lease agreement can establish a shorter time period to return the security deposit.
Do Landlords Owe Interest on Security Deposits in Maine?
Landlords in Maine do not owe interest on security deposits unless the rental unit is a mobile home.
If the rental unit is a mobile home, the tenant is entitled to the actual interest earned on the account where the security deposit is held.
If the account does not earn interest, the interest provided must not be less than the Federal Reserve Bank, secondary market, annual interest rate on a 6-month certificate of deposit for the year the security deposit is held.
How Do Landlords Give Notice in Maine?
Written notice must be mailed to the tenant’s last known address and must include the amount of the security deposit due, if any, to the tenant, plus an itemized statement of deductions.
Can a Security Deposit Be Used for Last Month’s Rent in Maine?
Maine law does not forbid the security deposit from being used for any outstanding rent.
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Disputes in Maine
If a landlord does not return the security deposit within the required time period, the tenant must send a demand letter and give the landlord 7 days to return the full security deposit. After seven days, tenants can file for damages in court up to twice the amount wrongfully withheld plus court costs and attorneys’ fees.
Exemption. The double damages provision does not apply to buildings with five or fewer dwelling units if the landlord lives in one of the units. The tenant can recover the security deposit in court but the judge cannot award double damages.
Tenants can also take legal action against a landlord for:
- Failure to provide an itemized statement when deductions are made
- Failure to properly hold the security deposit
- Unreasonable deductions
How Can Tenants File a Dispute for a Security Deposit in Maine?
If a landlord fails to return the security deposit, the tenant can file a dispute in Small Claims Court if the amount of damages is less than $6,000. If the amount is greater, the tenant must file a regular civil case in the local District Court.
A small claims case must be filed within 6 years and an attorney is not required but permitted. Cases are filed in the Small Claims Court for the county where the property is located or where the defendant lives or has a place of business. The filing fee is $70.
Sources
- 1 14 ME Rev Stat § 6033(2)
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A landlord shall return to a tenant the full security deposit deposited with the landlord by the tenant or, if there is actual cause for retaining the security deposit or any portion of it, the landlord shall provide the tenant with a written statement itemizing the reasons for the retention of the security deposit or any portion of it:
A. In the case of a written rental agreement, within the time, not to exceed 30 days, stated in the agreement; and
B. In the case of a tenancy at will, within 21 days after the termination of the tenancy or the surrender and acceptance of the premises, whichever occurs later.
The written statement itemizing the reasons for the retention of any portion of the security deposit must be accompanied by a full payment of the difference between the security deposit and the amount retained.
Reasons for which a landlord may retain the security deposit or a portion of the security deposit include, but are not limited to, covering 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.
The landlord is deemed to have complied with this section by mailing the statement and any payment required to the last known address of the tenant.
Source Link - 2 Me. Stat. tit. 14 § 6031(2)
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“Normal wear and tear” means the deterioration that occurs, based upon the use for which the rental unit is intended, without negligence, carelessness, accident or abuse of the premises or equipment or chattels by the tenant or members of the tenant’s household or their invitees or guests. The term “normal wear and tear” does not include sums or labor expended by the landlord in removing from the rental unit articles abandoned by the tenant such as trash. If a rental unit was leased to the tenant in a habitable condition or if it was put in a habitable condition by the landlord during the term of the tenancy, normal wear and tear does not include sums required to be expended by the landlord to return the rental unit to a habitable condition, which may include costs for cleaning, unless expenditure of these sums was necessitated by actions of the landlord, events beyond the control of the tenant or actions of someone other than the tenant or members of the tenant’s household or their invitees or guests.
Source Link - 3 Me. Stat. tit. 10 § 9098(B)(4)
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The amount of interest that must be returned to a tenant must be either the amount that the mobile home park operator has earned on the security deposit if deposited in an individual segregated bank savings account or a reasonable amount of annual interest. For purposes of this subsection, “a reasonable amount of annual interest” means interest calculated at the Federal Reserve Bank, secondary market, annual interest rate on a 6-month certificate of deposit for each year in which the deposit has been held calculated as of the first business day of each year.
Source Link
- 4 Me. Stat. tit. 14 § 6034(1) & (2)
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1. If the landlord fails to return the security deposit and provide the itemized statement within the time periods in section 6033, the tenant shall give notice to the landlord of the tenant’s intention to bring a legal action no less than 7 days prior to commencing the action. If the landlord fails to return the entire security deposit within the 7-day period, it is presumed that the landlord is wrongfully retaining the security deposit.
2. The wrongful retention of a security deposit in violation of this chapter renders a landlord liable for double the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorney’s fees and court costs.
Source Link - 5 Me. Stat. tit. 14 § 6037(2)
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This chapter shall not apply to any tenancy for a dwelling unit which is part of a structure containing no more than 5 dwelling units, one of which is occupied by the landlord.
Source Link
- 6 Me. Stat. tit. 14 § 7482
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Notwithstanding the total amount of a debt or contract, a “small claim” means a right of action cognizable by a court if the debt or damage does not exceed $6,000 exclusive of interest and costs. It does not include an action involving the title to real estate.
Effective July 1, 1997 and every 4 years after that date, the joint standing committee of the Legislature having jurisdiction over judiciary matters shall review the monetary limit on small claims actions and the Judicial Department shall periodically provide information and comments on the monetary limit on small claims actions to that committee.
Source Link
