Does Maine's law apply?
Chapter 710-A does not apply to a unit in a building of five or fewer units where the landlord lives in one of them (14 M.R.S. § 6037). Provisions that conflict with a federally guaranteed mortgage also do not apply to that landlord.
Two months, and a limit on move-in costs
A lease may not require a deposit of more than two months' rent (§ 6032). Separately, § 6022-A limits the total a landlord or broker can require at the start of a tenancy to the first full month's rent, the capped deposit, and any properly disclosed mandatory recurring fee.
A protected account
The deposit may not be commingled with the landlord's assets. It must be held in a bank account beyond the reach of the landlord's creditors, including a foreclosing lender or bankruptcy trustee. On request, the landlord must tell you the name of the institution and the account number. If a court finds a violation of these rules, you can recover the greatest of actual damages, $500 or one month's rent, plus costs, and the court may award attorney fees (§ 6038).
Deadlines and deductions
No part of the deposit may be kept for normal wear and tear. The statute's definition excludes the cost of removing abandoned items, such as trash, from wear and tear. Under a written lease, the deposit or an itemized statement with the balance is due within the time the lease states, which may not exceed 30 days. Under a tenancy at will, it is due within 21 days after the tenancy ends or the landlord accepts surrender, whichever is later (§ 6033). Mailing to your last known address counts as compliance. A landlord that misses the deadline forfeits the right to withhold any portion.
Our calculator counts 30 days.
Steps to recover a Maine deposit
- Check whether your building is exempt.
- Find your deadline: the lease term (30 days at most) or 21 days at will.
- Leave a forwarding address.
- If it is late, send a 7-day notice of intent to sue.
- If that fails, file a claim in small claims court.
Neighboring states
New Hampshire caps deposits at one month, or $100 if greater, and pays interest. Massachusetts has a one-month cap and triple damages, and Vermont sets 14 days.
Frequently asked questions
What is the maximum security deposit in Maine?
Two months' rent (14 M.R.S. § 6032).
How long does a Maine landlord have to return a deposit?
Within the time stated in a written lease, no more than 30 days, or 21 days for a tenancy at will.
Do I need to warn the landlord before suing in Maine?
Yes. Give at least 7 days' notice of your intent to sue (§ 6034).
What is the penalty in Maine?
Double the amount wrongfully withheld, plus reasonable attorney's fees and court costs.
Sources
- 14 M.R.S. § 6031 — definitions (Maine Legislature)
- 14 M.R.S. § 6032 — maximum deposit (Maine Legislature)
- 14 M.R.S. § 6033 — return of deposit (Maine Legislature)
- 14 M.R.S. § 6034 — wrongful retention (Maine Legislature)
- 14 M.R.S. § 6037 — exemptions (Maine Legislature)
- 14 M.R.S. § 6038 — treatment of deposit (Maine Legislature)
- 14 M.R.S. § 6022-A — initial payment limit (Maine Legislature)
Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.