Overview
Maine has clear and well-defined security deposit laws that provide strong protections for tenants while establishing reasonable guidelines for landlords. The state caps security deposits at two months' rent and requires landlords to return deposits within a specific timeframe, with penalties for noncompliance.
This guide covers everything landlords and tenants need to know about security deposits in Maine.
Deposit Limits
Maine law limits security deposits to a maximum of 2 months' rent. This cap applies to all residential rental units, regardless of whether the unit is furnished or unfurnished.
Additional Requirements
- Landlords must hold the deposit in a separate account and may not commingle it with personal funds
- The landlord must provide the tenant with a receipt for the deposit
- Landlords must disclose the name and location of the financial institution where the deposit is held
- Last month's rent, if collected in advance, is considered separate from the security deposit
cite: Me. Rev. Stat. tit. 14, § 6032
Allowable Deductions
Landlords may deduct from the security deposit for the following reasons:
- Unpaid rent: Any rent owed at the time of move-out
- Damage beyond normal wear and tear: Repairs for tenant-caused damage that exceeds ordinary wear
- Cleaning: Costs to restore the unit to the same level of cleanliness as at move-in
- Unpaid utility charges: If the tenant is responsible for utilities under the lease
What Constitutes Normal Wear and Tear?
Normal wear and tear includes:
- Minor scuffs on walls
- Small nail holes from hanging pictures
- Worn carpet from regular use
- Faded paint due to sunlight
Damage beyond normal wear and tear includes:
- Large holes in walls
- Stained or burned carpet
- Broken windows or fixtures
- Damage caused by pets or negligence
Return Timeline
Maine has a two-tiered return timeline depending on how the tenant vacates:
- 30 days: Standard timeline when the tenant provides proper notice and vacates at the end of the lease or notice period
- 21 days: If the tenant vacates without providing proper notice to the landlord
The return must include:
- The remaining deposit amount (if any deductions were made)
- An itemized written statement listing each deduction and the amount
If the landlord fails to return the deposit or provide the required itemized statement within the applicable timeframe, the tenant may be entitled to recover up to twice the deposit amount in damages.
cite: Me. Rev. Stat. tit. 14, § 6033
Pre-Move-Out Inspection
Maine law does not specifically require landlords to offer a pre-move-out inspection. However, conducting a walk-through at move-out is considered good practice to document the condition of the unit and reduce the likelihood of disputes.
Tenants are encouraged to:
- Document the condition of the unit with photos at move-in and move-out
- Request a walk-through with the landlord before turning over the keys
- Keep copies of all communication regarding the deposit
Dispute Resolution
If a tenant believes their deposit was wrongfully withheld, they can:
- Send a demand letter to the landlord requesting the return of the deposit with an itemized explanation
- File a claim in Small Claims Court (up to $6,000 in Maine)
- Contact Pine Tree Legal Assistance or another legal aid organization for free or low-cost legal help
If the landlord willfully fails to return the deposit or provide the required itemized statement, the court may award the tenant up to twice the security deposit amount in damages plus reasonable attorney's fees.