During the Tenancy
Most landlords require you to pay a security deposit before the start of a tenancy. A security deposit cannot exceed two months’ rent. During a tenancy, the security deposit must be held separate from the landlord’s assets in a depository account so that it is not subject to claims by the landlord’s creditors.
After the Tenancy
The landlord must return the security deposit or provide a written statement itemizing the lawful reasons for retaining it. Lawful reasons include unpaid rent, repairing damage you caused, and costs of removing or storing items left behind. A landlord cannot retain a security deposit for “normal wear and tear.”[i] A landlord must return a security deposit or provide the written statement within the time required by the lease (which cannot exceed 30 days) or, if there is no lease, within 21 days. Because the written statement can be sent to your last known address, you should give the landlord your new address or make sure your mail will be forwarded. If a landlord fails to return the security deposit or provide a written statement within the required time, the landlord cannot retain any portion of the security deposit.
If a landlord does not comply with these requirements, after providing 7 days’ notice you can bring a lawsuit for damages equal to twice the amount wrongfully retained, plus attorneys’ fees.
[i] “Normal wear and tear” means “the deterioration that occurs, based upon the use for which the rental unit is intended, without negligence, carelessness, accident or abuse of the premises or equipment or chattels by the tenant or members of the tenant's household or their invitees or guests.” 14 M.R.S.A. § 6031(1).
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