Free Maine Security Deposit Itemization
The written statement Maine landlords must give under 14 M.R.S. § 6033 before keeping any part of a deposit: within the written-agreement period (30 days at most) or 21 days for a tenancy at will, itemizing each reason, with the balance enclosed. Double damages under § 6034 for wrongful retention. Built for Maine landlords.
Free Maine Security Deposit Itemization — overview
The Security Deposit Itemization is the document that decides whether deductions are defensible or unsupported.
Maine puts the burden on the landlord. Under 14 M.R.S. § 6034(3), the landlord must prove that withholding any part of the deposit was not wrongful, and wrongful retention costs double the amount wrongfully withheld plus reasonable attorney’s fees and court costs. Missing the deadline, charging for normal wear and tear, sending the statement without the balance, or leaving an amount unsupported all expose the landlord, and a late statement forfeits the right to withhold anything. The form on this page handles the mechanics; the page walks through the deadlines, the reasons Maine allows, the wear-and-tear definition and mailing.
Return Window
21 / 30 days
Statement
Itemized reasons + balance
Wrongful Retention
2× amount withheld + fees
Statute
14 M.R.S. § 6033
Contents
- What this itemization does
- Maine legal framework — 14 M.R.S. §§ 6031–6038
- When and how to deliver
- Categories of deductible expenses
- Wear and tear vs. damage
- Documenting each reason for retention
- Required information for the document
- Common mistakes that expose landlords to damages
- Tenant rights and 14 M.R.S. § 6034 damages
- Maine statute reference table
- Frequently asked questions
A Maine Security Deposit Itemization is the written statement a landlord must give the tenant under 14 M.R.S. § 6033 when keeping any part of a security deposit. It itemizes the reasons for the retention and must be accompanied by full payment of the difference. For a written rental agreement it is due within the period the agreement states, which may not exceed 30 days; for a tenancy at will it is due within 21 days after the tenancy ends or the premises are surrendered and accepted, whichever is later. Nothing may be kept for normal wear and tear. A landlord who misses the deadline forfeits the right to withhold any portion, and wrongful retention makes the landlord liable for double the amount wrongfully withheld plus attorney’s fees and costs under § 6034. The form on this page produces a complete itemized statement with a built-in deductions calculator; the rest of this guide walks through the legal framework, the deductible-versus-non-deductible standard, and the documentation requirements.
✎ Complete Your Maine Security Deposit Itemization
Fill in the parties, deposit details, and itemized deductions. The calculator computes totals and balance returned automatically. When done, click Generate PDF to download a complete itemized statement under 14 M.R.S. § 6033.
✓ Pre-Delivery Checklist
Before delivering the itemized statement and balance, verify:
What this itemization does
A Maine Security Deposit Itemization is the written statement a landlord must give a tenant under 14 M.R.S. § 6033 when keeping any part of a security deposit. It does three things at once.
First, it states the reasons. Section 6033(2) requires “a written statement itemizing the reasons for the retention of the security deposit or any portion of it.” A general line such as “deductions for cleaning and damage” is not an itemization. Each reason should stand on its own with its amount, described specifically enough that the tenant and a court can tell whether it is damage or normal wear and tear.
Second, it returns the balance. The written statement “must be accompanied by a full payment of the difference between the security deposit and the amount retained.” Sending the statement now and the money later does not satisfy that requirement.
Third, it meets the deadline. With a written rental agreement, the deadline is the period the agreement states, which may not exceed 30 days. With a tenancy at will, it is 21 days after the termination of the tenancy or the surrender and acceptance of the premises, whichever occurs later. If the landlord misses the deadline, § 6033(3) forfeits the right to withhold any portion of the deposit.
The form on this page produces a complete itemized statement with a built-in deductions calculator, automatic balance computation, the Maine statutory reference and a mailing block. The remainder of this guide walks through the legal framework, the deductible-versus-non-deductible standard, and the documentation that supports each amount.
Maine legal framework — 14 M.R.S. §§ 6031–6038
Maine’s deposit rules are in Title 14, chapter 710-A, §§ 6031–6038, “Security Deposits on Residential Rental Units.” Section 6033 governs the return and the itemized statement; § 6034 supplies the tenant’s remedy; the surrounding sections define terms, cap the deposit and govern how it is held.
The provisions that matter for itemization
14 M.R.S. § 6033(1) — no retention for normal wear and tear. “A security deposit or any portion of a security deposit shall not be retained for the purpose of paying for normal wear and tear.” Section 6031(1) defines the term; the definition is discussed in section 5 below.
14 M.R.S. § 6033(2) — the statement, the balance and the deadline. The landlord returns the full deposit or, if there is actual cause for retaining any of it, provides a written statement itemizing the reasons, within the period stated in a written rental agreement (not to exceed 30 days) or, for a tenancy at will, within 21 days after termination or surrender and acceptance, whichever is later. The statement must be accompanied by full payment of the difference. Permitted reasons “include, but are not limited to,” the costs of storing and disposing of unclaimed property, nonpayment of rent, and nonpayment of utility charges the tenant was required to pay directly to the landlord. Mailing the statement and payment to the tenant’s last known address is deemed compliance.
14 M.R.S. § 6033(3) — forfeiture. A landlord who fails to provide the written statement or to return the deposit within the time specified forfeits the right to withhold any portion of the deposit.
14 M.R.S. § 6034 — wrongful retention. Before suing, the tenant gives at least 7 days’ notice of intent to bring an action; if the landlord does not return the entire deposit in that period, wrongful retention is presumed. Wrongful retention makes the landlord liable for double the amount of the portion wrongfully withheld, together with reasonable attorney’s fees and court costs, and the landlord has the burden of proving the withholding was not wrongful.
Other chapter 710-A rules that shape the statement
Deposit cap (§ 6032). A lease or tenancy at will may not require a deposit of more than the rent for 2 months. The statement starts from the deposit actually paid, so an over-cap deposit is a problem the itemization cannot cure.
Transfer on sale (§ 6035). When the landlord’s interest ends by sale, assignment, death, receivership or otherwise, the person holding the deposits must account for each deposit, transfer the funds (or any remainder after lawful deductions) to the successor with notice to the tenant, or return them to the tenant. On a sale, the accounting and transfer happen no later than the closing. After compliance, the successor holds the deposit with all of a landlord’s rights and obligations, including the § 6033 statement.
No waiver (§ 6036). A lease clause that waives any of these tenant protections is void, so a lease term such as “tenant forfeits the deposit if the lease is broken” or “no itemization required” does not change the § 6033 duties.
Exemptions (§ 6037). The chapter does not apply to a tenancy in a structure of no more than 5 dwelling units where the landlord occupies one of them, and provisions that conflict with a federally guaranteed mortgage do not apply to a lessor who is the mortgagor. Owners of small owner-occupied buildings should still itemize: it is the clearest record if a dispute is litigated on ordinary contract principles.
Move-out walk-throughs in Maine
Maine’s chapter 710-A does not create a pre-move-out inspection procedure or require a preliminary list of expected charges. A voluntary joint walk-through before the keys are returned is still good practice: it gives the tenant a chance to fix problems and gives both sides a shared record of the unit’s condition. It does not replace the written statement, which is still due within the § 6033(2) deadline. See our Maine Move-In/Move-Out Checklist guide for documenting condition at both ends of the tenancy.
Federal anti-discrimination overlay
Independent of chapter 710-A, the federal Fair Housing Act (42 U.S.C. § 3601 et seq.) and Maine’s fair housing law prohibit deposit-handling decisions that target tenants based on race, religion, national origin, familial status, disability, or other protected characteristics. A landlord who consistently charges higher cleaning amounts to families with children, or applies different deduction standards to tenants of certain backgrounds, invites a fair-housing claim with its own remedies, separate from § 6034.
When and how to deliver
The 21-day and 30-day clocks
Which clock applies depends on the tenancy. A tenancy at will runs on the 21-day clock, which starts at the termination of the tenancy or the surrender and acceptance of the premises, whichever occurs later. A written rental agreement runs on the period the agreement states, which the statute caps at 30 days. If the written agreement names no period, do not assume you have more than 30 days. Document the dates: the key return (photographs, a signed key receipt or walk-through form) and the date the tenancy ended.
Within that period the landlord must either return the full deposit or give the written statement accompanied by full payment of the difference. A statement sent on day 18 with the money sent on day 25 does not meet § 6033(2).
Worked example. A tenant at will gives notice, moves out on June 28 and returns the keys, and the landlord accepts the surrender on June 30. The later date controls, so the 21 days run from June 30 and the statement with the balance must be mailed by July 21. The deposit was $1,800. The landlord itemizes $140 to remove a couch and bagged trash left in the basement (abandoned articles, § 6031(1)), $220 to repair a door the tenant’s dog chewed (paid invoice kept), and $95 of unpaid electricity the lease required the tenant to pay directly to the landlord (bill kept). Total retained: $455. The statement and a check for $1,345 go by certified mail to the forwarding address on July 12, with a copy of the mailing receipt in the file. Had the same tenant held a one-year written lease saying “within 30 days,” the deadline would have been the 30-day period the lease states.
Method of delivery
Section 6033(2) provides a safe harbor: “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.” Certified mail with return receipt, or first-class mail with a certificate of mailing, gives proof of the date. Personal delivery with a signed acknowledgment also works. The statute does not address email, so an emailed copy should supplement the mailed statement and payment, not replace them.
Delivery address
Mail to the tenant’s forwarding address if the tenant gave one; otherwise to the last known address, which is often the rental unit itself. Mailing there meets the safe harbor even if the tenant has moved on without leaving an address.
What to do if you discover damage after delivery
Maine ties the right to withhold to a statement given within the § 6033(2) deadline, and a late statement forfeits it. Inspect thoroughly before sending, including appliances, closets and exterior areas the tenant used, and do not count on adding charges after the deadline passes.
Categories of deductible expenses
Section 6033(2) lists reasons a landlord may retain all or part of a deposit, and says the list “include[s], but [is] not limited to” them; § 6033(1) rules out normal wear and tear. The practical categories are these.
1. Unpaid rent
Nonpayment of rent is a listed reason. Document it with the lease (rent amount) and the rent ledger. Late fees depend on the lease terms; itemize any late fee as its own line so the tenant can see it.
2. Damage beyond normal wear and tear
Deterioration caused by negligence, carelessness, accident or abuse by the tenant, household members, invitees or guests (large holes, broken fixtures, pet damage, water damage from neglect, missing items) may be charged at the reasonable cost of repair or replacement. The wear-versus-damage standard is covered in section 5.
3. Cleaning and removal of abandoned articles
Under § 6031(1), normal wear and tear does not include the landlord’s costs of removing articles the tenant abandoned, such as trash. If the unit was leased in a habitable condition (or put in one during the tenancy), it also does not include sums needed to return the unit to a habitable condition, which may include cleaning, unless the need was caused by the landlord, events beyond the tenant’s control, or people outside the tenant’s household and guests. Itemize what was cleaned or removed and its cost.
4. Utilities, unclaimed property and other obligations
Utility charges the tenant was required to pay directly to the landlord, and the costs of storing and disposing of unclaimed property, are listed reasons. Other amounts the tenant owes under the rental agreement may also be itemized, since the list is not exhaustive, but each needs a stated reason and an amount the landlord can prove.
What you cannot deduct: normal wear and tear as defined in § 6031(1), routine repainting or carpet cleaning between tenancies without specific damage, repairs to conditions that existed before the tenancy, the landlord’s own maintenance obligations, costs of re-leasing the unit (advertising, commissions), or anything at all once the § 6033(2) deadline has passed without a statement.
Wear and tear vs. damage — the standard
The wear-versus-damage distinction is the single most important analytical question in security deposit deductions, and the most common source of deposit disputes. Maine’s s