What are the security deposit rules in Maine?
Maine caps security deposits at two months' rent, and the landlord must return the deposit — or an itemized statement with the balance — within the time the written lease states (never more than 30 days), or within 21 days for a tenancy at will, counted from the later of termination or surrender of the premises.
Nothing may be kept for normal wear and tear, the deposit must sit in a bank account separate from the landlord's own money (disclosed to the tenant on request), and no forwarding address or demand is required — mailing to the tenant's last known address suffices. Miss the deadline and you forfeit the right to keep any of it; wrongfully retain it after the tenant's 7-day warning letter and you owe double the amount withheld plus the tenant's attorney's fees, with the burden on you to prove the withholding was justified. The account rule carries its own penalty of at least $500 or one month's rent. The entire chapter skips owner-occupied buildings of five or fewer units, and since January 1, 2025 landlords may not collect any move-in money beyond first month's rent, the deposit, and disclosed recurring fees.
Maine security deposits at a glance
| Maximum deposit | 2 months' rent — A lease or tenancy-at-will agreement 'may not require a security deposit equivalent to more than the rent for 2 months' (14 M.R.S. §6032). 'Security deposit' is defined by function — any advance or deposit of money whose primary function is to secure performance (§6031(2)) — so pet deposits and similar charges count toward the same 2-month ceiling. The whole chapter (cap included) does not apply to a tenancy in a structure of 5 or fewer units, one of which the landlord occupies, or to deposits held by a lessor-mortgagor under a federally guaranteed mortgage (§6037). Since January 1, 2025, §6022-A separately caps total move-in money at first month's rent + the §6032 deposit + properly disclosed mandatory recurring fees. |
|---|---|
| Return deadline | 30 days |
| Deadline conditions | Dual track (14 M.R.S. §6033(2)): under a WRITTEN rental agreement, the deposit (or the itemized statement with the balance) is due 'within the time, not to exceed 30 days, stated in the agreement' — the lease's stated period governs and 30 days is only the ceiling the lease may not exceed. For a TENANCY AT WILL, the deadline is 21 days after the termination of the tenancy or the surrender and acceptance of the premises, whichever occurs LATER. No tenant demand is required; the landlord is deemed to have complied by mailing the statement and any payment to the tenant's last known address. |
| Itemization required | Yes |
| Itemization rules | If there is 'actual cause' to retain any portion, the landlord must provide a written statement itemizing the reasons, and the statement 'must be accompanied by a full payment of the difference' between the deposit and the amount retained (§6033(2)). Nothing may be retained for normal wear and tear (§6033(1)), which §6031(1) defines as deterioration without negligence, carelessness, accident or abuse. Permitted retention reasons include, but are not limited to, storing and disposing of unclaimed property, unpaid rent, and utility charges the tenant owed directly to the landlord. |
| Separate account required | Yes |
| Interest owed to tenant | No |
| Account & interest rules | No interest requirement anywhere in ch. 710-A (verified negative, full sweep of §§6031-6039 twice). But the deposit may not be commingled with the landlord's assets and must be held in a bank or financial-institution account insulated from the landlord's creditors, foreclosing mortgagees, and bankruptcy trustees; on request the landlord must disclose the institution name and account number; a single escrow account for all tenants is allowed (§6038(1)). Violation of §6038 carries its own remedy: the greatest of actual damages, $500, or one month's rent, plus costs and possible attorney's fees (§6038(2)). Charts crediting Maine tenants with deposit interest are importing the mobile-home-park LOT rules (10 M.R.S. §9098) into ordinary rentals. |
| Pet deposits | No separate pet-deposit statute. Because §6031(2) defines 'security deposit' by function ('the primary function of which is to secure' performance), a refundable pet deposit is a security deposit — it counts toward the 2-month cap and is subject to the same return, itemization, account, and penalty rules. |
| Non-refundable fees allowed | No |
| Penalty for violation | Missing the §6033 deadline forfeits the right to withhold ANY portion of the deposit (§6033(3)). Wrongful retention makes the landlord liable for DOUBLE the portion wrongfully withheld, plus reasonable attorney's fees and court costs (§6034(2)). Before suing, the tenant must give 7 days' notice of intent to sue; if the landlord does not return the entire deposit within those 7 days, wrongful retention is PRESUMED, and in court the landlord bears the burden of proving the withholding was not wrongful (§6034(1), (3)). Separate §6038 account violations: greatest of actual damages, $500, or one month's rent, plus costs. |
| Tenant forwarding-address duty | None. The landlord is deemed compliant by mailing the itemized statement and payment to the tenant's LAST KNOWN address (§6033(2)); the deadline does not wait for a forwarding address or a demand. |
Notes and caveats
Statute citations
- 14 M.R.S. § 6032 Official source
- 14 M.R.S. § 6033 (1)-(3) Official source
- 14 M.R.S. § 6034 (1)-(3) Official source
- 14 M.R.S. § 6038 (1)-(3) Official source
- 14 M.R.S. § 6031 (1)-(2) Official source
- 14 M.R.S. § 6037 Official source
- 14 M.R.S. § 6022-A (1) Official source
- PL 2023, c. 594 (LD 1490, enacted chapter law, eff. 2025-01-01) secs. 8, 13 Official source
How this record was verified: Direct read of statute text on the official Maine Revisor of Statutes site (legislature.maine.gov): sections 6032, 6033, 6034, 6038, 6015, 6028, and 6025 of Title 14 each read twice in independent formats (the HTML section page and the Revisor's official section PDF, read verbatim), with every load-bearing figure matching (2-month deposit cap; 30-day-maximum/21-day return split with the later-of trigger; forfeiture rule; double damages with 7-day pre-suit notice and landlord burden; separate-bank-account rule with $500/one-month remedy; 45-day and 75-day/10% rent-increase notices with 12-month aggregation; 4% late-fee cap, 15-day late definition, and written-notice-at-inception duty; 24-hour reasonable-notice presumption with emergency/impracticable exception). PL 2023, c. 594 (LD 1490) was additionally reconciled against the enrolled chapter law PDF, which pins 'Sec. 13. Effective date. This Act takes effect January 1, 2025.' Supporting sections read once (6031, 6035, 6036, 6037, 6039, 6000, 6016, 6022-A, 6030-I, 6030-J, 6002) plus full chapter listings of ch. 709 subch. 1, ch. 710, and ch. 710-A as the sweep basis for verified negatives (no deposit interest, no other late-fee or entry provision, no rent-increase frequency limit, no preemption statute). Preemption checked via Title 30-A: former ch. 167 'Municipal Rent Control' (30-A sections 3601-3606) confirmed repealed by PL 1995, c. 194 with nothing enacted in its place, home rule under 30-A section 3001; Portland's active rent control ordinance verified from the City of Portland's own Rent Control FAQ (version 2025.10.24, Portland City Code ch. 6, secs. 6-231 to 6-239; 2026 allowable increase 2.2%). Bill checks on official status pages: LD 1534 (municipal rent-stabilization enabling) died Ought Not to Pass 2025-05-27; LD 1765 enacted as PL 2025, c. 365 (2025-06-18, mobile home park licensing/model-ordinance only); 132nd Legislature adjourned sine die 2026-04-29. Main-session supplement (2026-07-11): the full Second Regular Session public-laws list (chapters ~500-775) was swept via the Revisor's Laws of Maine service; one on-topic enactment found and flagged as pending — PL 2025, c. 767 (LD 2176), which raises the section 6025(3) entry-violation minimum recovery from $100 to $250 and enacts section 6025-B (tenant personal-information disclosure ban), effective 90 days after the 2026-04-29 adjournment (2026-07-28), so NOT in force at this verification. Two manufactured-housing acts (PL 2025, c. 688 and c. 691) checked and confirmed out of v1 scope (lot-tenancy notice/mediation and park-sale machinery; no hard rent caps).