Maine Wrongful Security Deposit Retention Remedy

If the landlord misses the required return/itemization period, Maine § 6034 requires the tenant to give at least seven days’ notice of intent to sue. If the entire deposit is not returned within that seven-day period, wrongful retention is presumed; proven wrongful retention can lead to double the wrongfully withheld amount plus attorney fees and costs.

Last reviewed: August 30, 20261 official source cited

Pre-suit noticeAt least 7 days

Before commencing the action under § 6034.

Wrongful-retention damages2× wrongfully withheld

Plus reasonable attorney fees and court costs.

Burden of proofLandlord

To show withholding was not wrongful in an action under § 6034.

Do not skip the notice step

Maine’s remedy structure expressly includes a pre-suit notice period. Preserve the notice and proof it was delivered before relying on the statutory presumption or damages framework.

Maine deadline depends on tenancy type. Read the written agreement before applying a date; tenancy-at-will rules use a separate 21-day framework. Educational information only.

Official source

Maine Legislature14 M.R.S. Chapter 710-A — Security Deposits on Residential Rental Units ↗

Official Maine security-deposit chapter covering the two-month cap, normal wear, 21/30-day return rules, itemization, wrongful-retention damages and deposit handling.

Related Maine guides

Security Deposit →2-Month Limit →Return Deadlines →Normal Wear →