How long does a landlord in Maine have to return a security deposit?
The number forks on the kind of tenancy. For a tenancy at will the landlord has twenty-one days after the termination of the tenancy or the surrender and acceptance of the premises, whichever occurs later. For a written rental agreement the deadline is whatever period the agreement states, and that stated period may not exceed thirty days — so thirty days is the statute's outside limit for a written lease, not a fixed number, and a lease that names a shorter period governs. The same deadline covers both the return of the deposit and the written statement itemizing the reasons for any retention, which must be accompanied by payment of the difference. A landlord is deemed to have complied by mailing the statement and any payment to the tenant's last known address.
In plain terms, the statute says
A landlord who fails to provide the written statement or to return the deposit within the time set by section 6033 forfeits the right to withhold any portion of it, and wrongful retention makes the landlord liable for double the amount of the portion wrongfully withheld together with reasonable attorney's fees and court costs — neither consequence requires a finding of bad faith or willfulness. The tenant must first give the landlord notice of intent to sue at least seven days before filing, after which continued retention is presumed wrongful and the landlord bears the burden of proving the withholding was not wrongful (14 M.R.S. § 6034).
Who this covers
Chapter 710-A does not reach small owner-occupied buildings. Under 14 M.R.S. § 6037(2) the 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'. Section 6037(1) also disapplies any provision of the chapter that conflicts with the terms of a mortgage guaranteed by the United States or an authority created under its laws, where the landlord is the mortgagor. Otherwise the chapter covers leases and tenancies at will for residential premises generally.
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Questions people ask
How long does a landlord in Maine have to return a security deposit?
The number forks on the kind of tenancy. For a tenancy at will the landlord has twenty-one days after the termination of the tenancy or the surrender and acceptance of the premises, whichever occurs later. For a written rental agreement the deadline is whatever period the agreement states, and that stated period may not exceed thirty days — so thirty days is the statute's outside limit for a written lease, not a fixed number, and a lease that names a shorter period governs. The same deadline covers both the return of the deposit and the written statement itemizing the reasons for any retention, which must be accompanied by payment of the difference. A landlord is deemed to have complied by mailing the statement and any payment to the tenant's last known address.
Who does Maine's security-deposit law cover?
Chapter 710-A does not reach small owner-occupied buildings. Under 14 M.R.S. § 6037(2) the 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'. Section 6037(1) also disapplies any provision of the chapter that conflicts with the terms of a mortgage guaranteed by the United States or an authority created under its laws, where the landlord is the mortgagor. Otherwise the chapter covers leases and tenancies at will for residential premises generally.
What happens if a landlord in Maine is late?
A landlord who fails to provide the written statement or to return the deposit within the time set by section 6033 forfeits the right to withhold any portion of it, and wrongful retention makes the landlord liable for double the amount of the portion wrongfully withheld together with reasonable attorney's fees and court costs — neither consequence requires a finding of bad faith or willfulness. The tenant must first give the landlord notice of intent to sue at least seven days before filing, after which continued retention is presumed wrongful and the landlord bears the burden of proving the withholding was not wrongful (14 M.R.S. § 6034).
Where can I read Maine's security-deposit law?
Maine's rule is in Me. Rev. Stat. Ann. tit. 14, § 6033. The link on this page goes to the official text, so you can read the section yourself rather than take our word for it.
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