Me. Rev. Stat. tit. 14, ch. 710-A § 6034
Wrongful retention; damages
Operative Text
1. Notice to landlord of intention to bring suit; presumption on failure to return deposit. 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. Double damages for wrongful retention. 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. 3. Burden of proof. In any court action brought by a tenant under this section, the landlord has the burden of proving that the landlord's withholding of the security deposit, or any portion of it, was not wrongful.
Under Maine law at 14 M.R.S. §§ 6031–6034, when a landlord fails to return a security deposit and provide an itemized statement within the required timeframes, the tenant must give at least 7 days' written notice before filing suit. If the deposit is still not returned within that 7-day window, the law presumes the landlord is wrongfully holding it. A landlord found to have wrongfully retained a deposit can be held liable for twice the withheld amount, plus the tenant's reasonable attorney's fees and court costs, and the landlord bears the burden of proving the withholding was justified.
Plain English — not legal advice.
Operators subject to 14 M.R.S. §§ 6031–6034 generally ensure that security deposits are returned—along with a complete itemized statement of any deductions—within the statutory deadlines after a tenancy ends. When a tenant sends a 7-day pre-suit notice, a compliant landlord responds promptly by returning any portion of the deposit not legitimately withheld, along with documentation supporting any deductions. Because the burden of proof in any resulting court action falls on the landlord to show that withholding was justified, maintaining thorough move-in and move-out records, receipts, and written communications is a standard practice under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 14 M.R.S. §§ 6031–6034, tenants have the right to receive their security deposit back—with an itemized statement—within the timeframes the law sets out, and a landlord who misses those deadlines and then fails to return the deposit after receiving 7 days' written notice is presumed to be wrongfully retaining it. If a court finds wrongful retention, the tenant may be entitled to double the improperly withheld amount plus reasonable attorney's fees and court costs, and the landlord—not the tenant—must prove the withholding was proper. Tenants who believe their deposit has been wrongfully kept may consider consulting a tenant-rights organization, a legal aid office, or an attorney familiar with Maine landlord-tenant law to understand the options available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation