Maine’s security deposit law sets strict rules that landlords must follow when collecting, holding, deducting, and returning tenant funds. Missing a deadline or making an improper deduction can quickly turn into a costly legal dispute, even when the underlying issue seems minor.
This guide explains Maine’s security deposit requirements in clear, practical terms. It covers how much landlords may collect, when deductions are allowed, how and when deposits must be returned, and what penalties apply for noncompliance.
Statutes Regulating Maine Security Deposits
Maine’s security deposit rules appear in Title 14, Sections 6031 to 6038 of the Maine Revised Statutes, which outline how landlords collect, hold, return, and deduct from security deposits.
Maximum Security Deposit Amounts Under Maine Law
Maine law sets a clear limit on security deposits by capping them at no more than 2 months’ rent for any dwelling used for human habitation. This cap applies to all standard residential leases, regardless of lease type, length, or whether the agreement runs as a tenancy at will.
State law does not create notable exceptions that allow higher deposits for furnished units or other common rental scenarios. The 2-month statewide limit remains the rule, and Maine municipalities do not establish separate deposit caps that override this standard.
Security Deposit Storage Regulations
Maine law does not require landlords to place security deposits in a separate account or to share account information unless a tenant requests a written receipt. Landlords may store deposits in any reasonable manner as long as they follow all rules for deductions and timely returns.
Security Deposit Interest in Maine
Maine law does not require landlords to hold security deposits in an interest-bearing account or to pay tenants interest on the deposit at any point during the tenancy.
Making Security Deposit Deductions
Security deposit deductions allow landlords to protect the condition and value of a rental property. Tenants occasionally leave damage beyond normal wear and tear, and landlords use deposit funds to complete repairs that return the unit to its previous condition before the next rental period begins.
When Landlords Can Deduct
Maine landlords may draw from a tenant’s security deposit for the following reasons:
- Damage that exceeds normal wear and tear and requires repair
- Unpaid rent still owed when the tenancy ends
- Cleaning costs to bring a unit back to its prior cleanliness
- Repair or replacement of items the tenant damaged unlawfully
- Costs tied to storing or disposing of abandoned tenant belongings
When Landlords Can’t Deduct
Maine landlords may not draw from a tenant’s security deposit for the following reasons:
- Routine cleaning or maintenance expected between tenant turnovers
- Issues caused by the landlord’s failure to complete needed repairs
- Normal wear of surfaces, appliances, or other interior features.
- Expenses for improvements that go beyond restoring the original condition.
- Charges or penalties that Maine law does not authorize
Necessary Documentation to Accompany Deductions
Maine law requires landlords to give tenants a written, itemized list of any deductions taken from the security deposit, including the reason for each charge. Landlords do not need to attach receipts or invoices, but they must outline the costs clearly so tenants understand how the landlord calculated the total withheld amount.
What to Do When Deductions are Greater Than the Deposit
Sometimes a tenant leaves damage that goes beyond what a security deposit can cover. When this occurs, Maine landlords may request payment from the former tenant for the remaining repair costs. Landlords must deliver the itemized deduction statement and any remaining refund within 30 days after the tenancy ends, and can request the balance at the same time.
If the landlord cannot collect the outstanding amount, they may send the matter to a collections agency or file a claim in their local small claims court.
Returning Security Deposits to Tenants
Maine law outlines specific rules for how landlords must return any remaining portion of a tenant’s security deposit after all eligible deductions have been made.
Required Timeline for Return
When a written lease exists, landlords must follow the timeline stated in the agreement, but they may not delay beyond 30 days after the tenancy ends. For a tenancy at will, landlords must return the deposit within 21 days after the tenancy ends or after they accept the premises, whichever occurs later. These timelines apply to both the refund and the itemized deduction statement.
Method for Return
Landlords may return the deposit by mailing a check or using any payment method both parties agree to. Maine law requires landlords to include any refund along with a written, itemized statement of deductions. Landlords must send these materials to the tenant’s last known or forwarding address.
Penalties for Late Return
If a landlord fails to return funds within the required timeframe or doesn’t provide a proper itemized statement, they lose the right to keep any portion of the deposit. When a tenant brings a claim and proves wrongful withholding, the landlord may owe them the full deposit, as well as double the damages, plus attorney fees, and court costs.
Security Deposit Disputes
Tenants who disagree with how a landlord handles their security deposit have the right to raise a dispute. They often start by requesting clarification in writing and then work through direct communication with the landlord. If they can’t resolve the issue directly, tenants may pursue mediation or file a small claims action to challenge the deductions or the return timeline.
As a landlord, prepare for potential disputes by using move-in and move-out checklists, staying current with accounting and bookkeeping, and outlining clear expectations within your lease agreement. Thorough documentation, strong familiarity with Maine law, organized records, and strict attention to required timelines help reduce the chances of conflict.
Using Condition Reports to Document Damage
Landlords who manage security deposits in Maine should use structured move-in and move-out condition reports to record the unit’s condition, set expectations with tenants, and prevent confusion later.
To do so, use property management software to create digital reports with photos and videos from a smartphone. Clear documentation before move-in and after move-out helps make security deposit deductions non-negotiable and supports fair, consistent decisions.
Sign up for a free TurboTenant account to simplify inspections and dial in your security deposit protocols.
FAQs: Maine Security Deposit Law
Can a landlord deduct painting from a security deposit in Maine?
A landlord in Maine may deduct painting costs only when a tenant leaves damage that goes beyond normal wear and tear. Routine touch-ups that arise from everyday living do not qualify as deductible expenses under state security deposit rules.
Are nail holes considered normal wear and tear in Maine?
Small nail holes generally count as normal wear and tear in Maine, so landlords cannot deduct for them. Larger holes or damage that requires patching or repainting beyond standard turnover work may qualify as deductible repairs.
Does the landlord or tenant have to pay for carpet cleaning in Maine?
A Maine landlord may deduct carpet-cleaning costs only when a tenant leaves excessive dirt, stains, or damage beyond normal wear and tear. Standard turnover cleaning does not qualify, so landlords must cover those routine expenses.
What happens if a landlord doesn’t return a security deposit within 30 days in Maine?
A landlord who misses the 30-day deadline or fails to provide the required itemized statement loses the right to keep any portion of the deposit. In such cases, the tenant may seek full repayment and pursue legal remedies for wrongful withholding.
