Overview
Maine security deposit laws are governed by Maine Revised Statutes Title 14, §6031–6038. Maine has moderate deposit limits, requires separate bank accounts, and offers a surety bond alternative for tenants. A security deposit compliance platform can help landlords manage these requirements effectively.
Exemption: These rules do not apply to owner-occupied properties containing 5 or fewer dwelling units.
Maximum Security Deposit
Maine's security deposit limits depend on the unit type:
- Unfurnished units: Maximum of 2 months' rent
- Furnished units: No statutory limit
Pet Deposits
Maine treats pet deposits as part of the overall security deposit limit. You cannot stack a full security deposit plus an additional pet deposit—the total cannot exceed the statutory maximum.
Return Timeline
Maine landlords must return the security deposit within 30 days after the termination of tenancy (or 21 days if the tenant terminates the lease early without proper notice).
- Must provide a written, itemized statement of any deductions
- Notice must be mailed to the tenant's last known address
Pre-Suit Notice Requirement
If a landlord fails to return the deposit within the required timeframe, the tenant must give the landlord 7 days' written notice of intent to bring legal action before filing a lawsuit.
Interest Requirements
Maine generally does not require landlords to pay interest on security deposits, with one exception:
- Mobile homes: If the rental unit is a mobile home, the tenant is entitled to the actual interest earned on the account where the deposit is held
- If the account doesn't earn interest, the rate must be at least equal to the Federal Reserve Bank secondary market rate on a 6-month CD
Storage Requirements
Maine requires landlords to: (New Hampshire has similar requirements—see New Hampshire security deposit laws.)
- Hold deposits in a separate bank account beyond the reach of creditors
- Keep deposits not commingled with personal funds
- Disclose the name of the institution and account number upon tenant request
Allowable Deductions
Landlords may deduct from the security deposit for:
- Unpaid rent
- Damages beyond normal wear and tear
- Costs of storing and disposing of unclaimed tenant property
- Unpaid utility charges that were to be paid to the landlord
Surety Bond Alternative
Maine offers a unique alternative: landlords may offer tenants the option of purchasing a surety bond instead of paying some or all of the security deposit. The surety bond amount cannot exceed 2 months' rent.
Penalties for Non-Compliance
If a landlord violates Maine's security deposit laws, tenants may recover:
- Actual damages
- The greater of one month's rent or $500
- Reasonable attorney's fees
Common Compliance Questions
What counts as "normal wear and tear"?
Normal wear and tear includes minor scuffs on walls, slightly worn carpet in high-traffic areas, small nail holes from hanging pictures, and faded paint from sunlight. It does not include large holes in walls, stained or burned carpet, broken fixtures, or damage from pets. When in doubt, document the condition at move-in with dated photos.
How should I document the unit's condition?
Complete a detailed move-in checklist with the tenant, noting existing damage, appliance conditions, and overall cleanliness. Take timestamped photos or video of every room. At move-out, repeat the process. This documentation protects both parties and makes deduction decisions defensible if disputed. Request a demo to see how Passive automates documentation.
Can I deduct for unpaid utility bills?
Only if your lease specifically allows it and the utilities are in your name. If utilities are in the tenant's name, contact the utility company directly—they have their own collection processes. Never make unauthorized deductions, even for amounts you believe the tenant owes.