Maine Deposit Disputes: The 7-Day Notice, Double Damages and the Separate Account
Before suing over a deposit in Maine you give the landlord 7 days’ written notice; a landlord that wrongfully kept it owes double the amount plus fees. Here is how the notice, the presumption and the separate-account rule work.
Do I have to warn the landlord before suing?
Yes. If the landlord fails to return the deposit and provide the itemized statement within the time in section 6033, the tenant must give notice of the intention to bring a legal action no less than 7 days before commencing it; if the landlord does not return the entire deposit within the 7 days, it is presumed to be wrongfully retaining it (14 M.R.S. 6034(1)). The Maine security deposit calculator takes the date you sent the notice.
What can a court award?
Wrongful retention renders the landlord liable for double the amount of the portion wrongfully withheld, together with reasonable attorney’s fees and court costs (6034(2)). On a $900 amount wrongly kept that is $1,800 plus fees and costs. In the court action the landlord has the burden of proving that its withholding was not wrongful (6034(3)).
What is the separate-account rule?
During the tenancy a deposit may not be treated as an asset to be commingled with the landlord’s own assets, and it must be held in a bank or financial institution account on terms that put it beyond the claim of the landlord’s creditors; on request the landlord must disclose the institution and the account number (6038(1)). A violation entitles the tenant to actual damages, $500 or one month’s rent, whichever is greatest, plus costs and expenses, and the court may add attorney’s fees (6038(2)).
What if the building is sold?
The person holding the deposits must account for each deposit and transfer the funds to the successor, and mail the tenant notice of the transfer and the transferee’s name and address, or return the deposit; on a sale this happens no later than the real estate closing. After that the transferee has all the obligations of a landlord for those funds (6035). Keep your receipt.
Can a lease waive these rights?
No. A provision, oral or written, by which any benefit of the chapter to a tenant is waived is against public policy and void (6036).
Where do I sue?
In the district court. Ask the clerk about the small claims forms and the filing fee, and bring the lease, the deposit receipt, the itemized statement, if any, with its envelope, your 7-day notice with proof you sent it and your photographs.
A worked example of the penalty
A landlord that never answers keeps all of a $1,200 deposit past the deadline. The tenant sends a written notice of intent to sue and waits seven days. The landlord is presumed to be wrongfully retaining the deposit, so at trial it bears the burden of proving otherwise. If it cannot, it owes double the $1,200 wrongfully withheld, which is $2,400, plus reasonable attorney’s fees and court costs.
What to bring to court
Bring the lease, the deposit receipt, any statement and envelope, your notice of intent to sue with proof you sent it, your move-in and move-out photographs and a short timeline with the date the tenancy ended and the date you gave your address.
Keep the proof of your notice
A dated letter or e-mail that says you intend to sue for the return of the deposit, sent by a method that leaves a record, is the best evidence that the seven days started. Keep a copy with your lease and receipts.
Where to get help
The district court clerk explains the forms and the filing fee, and legal aid or a licensed Maine attorney can advise on double damages and fees. Bring every notice and the dates.
Frequently asked questions
Do I have to warn a Maine landlord before suing for my deposit?
Yes, with written notice at least 7 days before filing.
How much can I recover for a wrongfully kept deposit?
Double the amount wrongfully withheld, plus attorney’s fees and court costs.
Who has the burden of proof?
The landlord.
Does a landlord have to keep deposits in a separate account?
Yes, and disclose the institution and account number on request.
What if the landlord sells the building?
The deposit and an accounting must be transferred, and the tenant notified by mail.
Official sources
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Maine statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Maine attorney.