Maine Security Deposit Deductions
In Maine, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 30 days. The statute defines ordinary wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.
Statutory definition of wear and tear
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 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 in a habitable condition or put in a habitable condition during 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.
Item rules
| Item | Allowed | Rule |
|---|---|---|
| Cleaning | Conditional | A deposit shall not be retained to pay for normal wear and tear. The statutory definition provides that returning the unit to a habitable condition may include costs for cleaning, unless those costs were caused by the landlord, events beyond the tenant’s control, or third parties other than the tenant/household/guests. Ordinary intended-use deterioration is not deductible. (14 M.R.S. §§ 6031(1), 6033(1)) |
| Carpet replacement | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Me. Rev. Stat. tit. 14, §§ 6031-6039 (esp. §§ 6032-6034)). (Me. Rev. Stat. tit. 14, §§ 6031-6039 (esp. §§ 6032-6034)) |
| Painting | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Me. Rev. Stat. tit. 14, §§ 6031-6039 (esp. §§ 6032-6034)). (Me. Rev. Stat. tit. 14, §§ 6031-6039 (esp. §§ 6032-6034)) |
| Nail holes and wall damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Me. Rev. Stat. tit. 14, §§ 6031-6039 (esp. §§ 6032-6034)). (Me. Rev. Stat. tit. 14, §§ 6031-6039 (esp. §§ 6032-6034)) |
| Pet damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Me. Rev. Stat. tit. 14, §§ 6031-6039 (esp. §§ 6032-6034)). (Me. Rev. Stat. tit. 14, §§ 6031-6039 (esp. §§ 6032-6034)) |
| Unpaid rent and fees | Yes | Reasons for which a landlord may retain the deposit include, but are not limited to, 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. (14 M.R.S. § 6033(2)) |
Itemization duty
| Itemization required | Yes |
|---|---|
| Deadline | 30 days |
| Receipts required | No |
| Rule | Written rental agreement: within the time stated in the agreement, not to exceed 30 days. Tenancy at will: within 21 days after termination or surrender and acceptance, whichever is later. Itemized written statement of reasons plus the difference. Failure to provide the statement or return the deposit within the time specified forfeits the right to withhold any portion. Receipts are not required. deadline_days records the written-lease outer limit. |
| Citation | 14 M.R.S. § 6033(2) - (3) |
Burden of proof
If a landlord fails to provide a written statement or to return the security deposit within the time specified in subsection 2, the landlord shall forfeit his right to withhold any portion of the security deposit. 14 M.R.S. § 6033(3).
Statute says
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
What this means
Source accessed: .
If it was deducted anyway
Use the Maine demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.
Free Maine template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Maine law (Me. Rev. Stat. tit. 14, §§ 6031-6039), a landlord must return the deposit or respond in writing within [30 calendar days / 21 calendar days, see the note above] after [the event listed in the note above].
FAQ
What security deposit deductions are allowed in Maine?
Only the uses in the supplied Maine record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.
Does a Maine landlord have to itemize deductions?
Yes. Written rental agreement: within the time stated in the agreement, not to exceed 30 days. Tenancy at will: within 21 days after termination or surrender and acceptance, whichever is later. Itemized written statement of reasons plus the difference. Failure to provide the statement or return the deposit within the time specified forfeits the right to withhold any portion. Receipts are not required. deadline_days records the written-lease outer limit.
Who has the burden of proof for a Maine deduction?
If a landlord fails to provide a written statement or to return the security deposit within the time specified in subsection 2, the landlord shall forfeit his right to withhold any portion of the security deposit. 14 M.R.S. § 6033(3).