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Maine Security Deposit Laws (2026)

Maine treats the deposit as the tenant's money. It must be kept beyond the reach of the landlord's creditors, and wrongful retention costs double. Before you sue, you must give the landlord 7 days' notice.

By Lamuko Editorial Team✓ Checked against official statute textUpdated

Maine deposit rules at a glance

Maximum deposit2 months' rent (14 M.R.S. § 6032)
Return deadlineWritten lease: the time it states, at most 30 days; tenancy at will: 21 days after termination or surrender and acceptance, whichever is later
Itemized listWritten statement itemizing the reasons, with payment of the balance
InterestNot required
Penalty2× the amount wrongfully withheld + attorney fees and court costs; landlord bears the burden of proof
ExemptionOwner-occupied buildings of 5 or fewer units

Verified 2026-10-17 against 14 M.R.S. §§ 6031–6038, source 2, source 3, source 4. Calculate your Maine deadline →

Timeline: move-in to refund

  1. Move-inThe total up-front charge is limited to the first month's rent, the deposit and properly disclosed recurring fees.
  2. Any timeAsk for the name of the bank and the account number.
  3. 30 days (lease) / 21 days (at will)Deposit or itemized statement with the balance due.
  4. If lateGive 7 days' written notice that you intend to sue.

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.

The 7-day notice, then double damages. If the deadline passes, give the landlord at least 7 days' notice that you intend to sue. If it still does not return the whole deposit, wrongful retention is presumed. You can recover double the amount wrongfully withheld, plus reasonable attorney's fees and court costs, and the landlord must prove the withholding was not wrongful (§ 6034).

Our calculator counts 30 days.

Steps to recover a Maine deposit

  1. Check whether your building is exempt.
  2. Find your deadline: the lease term (30 days at most) or 21 days at will.
  3. Leave a forwarding address.
  4. If it is late, send a 7-day notice of intent to sue.
  5. 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

  1. 14 M.R.S. § 6031 — definitions (Maine Legislature)
  2. 14 M.R.S. § 6032 — maximum deposit (Maine Legislature)
  3. 14 M.R.S. § 6033 — return of deposit (Maine Legislature)
  4. 14 M.R.S. § 6034 — wrongful retention (Maine Legislature)
  5. 14 M.R.S. § 6037 — exemptions (Maine Legislature)
  6. 14 M.R.S. § 6038 — treatment of deposit (Maine Legislature)
  7. 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.

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Not legal advice. Lamuko Rent Laws provides general legal information about state statutes, not legal advice, and using this site does not create an attorney-client relationship. Laws change and courts interpret them; city and county ordinances (for example Chicago, San Francisco or New York City rules) can be stricter than state law, and your lease or a subsidized-housing program may add terms. Fields marked “Verify with statute” have not yet been confirmed by us against the official text. Check the linked statute or talk to a licensed attorney or local legal-aid office before acting.