Maine security deposit law: the lease sets the clock, up to 30 days

What is the Maine limit?

Section 6032 says a lease or tenancy at will for a dwelling intended for human habitation may not require a security deposit equivalent to more than the rent for two months. Section 6031 defines a security deposit as any advance or deposit of money, regardless of its name, whose primary function is to secure the performance of a lease or tenancy at will. A surety bond bought by the tenant in lieu of a deposit is defined separately.

How is the return deadline set?

Section 6033 splits the deadline by tenancy type. For a written rental agreement, it is the time stated in the agreement, not to exceed thirty days. For a tenancy at will, it is twenty-one days after the termination of the tenancy or the surrender and acceptance of the premises, whichever is later.

By that time you either return the full deposit or give a written statement itemizing the reasons for keeping part of it, together with full payment of the difference. Reasons are not limited to a fixed list: the statute says they include, but are not limited to, storing and disposing of unclaimed property, unpaid rent and unpaid utility charges the tenant owed directly to you. You comply by mailing the statement and payment to the tenant's last known address.

Example a made-up written lease says the deposit will be returned within 21 days of move-out. The tenant leaves on November 3. The landlord's deadline is November 24, because the lease sets the time and 21 is under the 30 day ceiling. A lease that said 45 days would still be held to the 30 day ceiling.

What cannot be charged?

A deposit cannot be retained for normal wear and tear. Section 6031 defines it as the deterioration that occurs, based on the unit's intended use, without negligence, carelessness, accident or abuse by the tenant, the household or guests. Removing trash the tenant abandoned is not wear and tear. But if the unit was leased in a habitable condition, wear and tear does not include the cost of returning the unit to a habitable condition, unless the landlord's actions, events outside the tenant's control or someone else's actions caused the need.

What are the penalties?

Missing the deadline has two layers. Under section 6033(3), a landlord who fails to provide the statement or return the deposit in time forfeits the right to withhold any portion. Under section 6034, a tenant must then give notice of intention to sue at least seven days before filing. If the entire deposit is not returned in those seven days, the landlord is presumed to be wrongfully retaining it. Wrongful retention makes the landlord liable for double the amount wrongfully withheld, plus reasonable attorney's fees and court costs, and the landlord carries the burden of proving the withholding was not wrongful.

Holding the money and selling the building

Section 6038 says a deposit may not be treated as an asset to be commingled with the landlord's or anyone else's assets. It must be in a bank account that puts it beyond the claim of creditors, and on request you must disclose the institution and account number. One escrow account can hold deposits for all tenants, even across buildings, if the owning entities are substantially controlled or owned by a single landlord. A violation entitles the tenant to actual damages, $500 or one month's rent, whichever is greatest, plus costs.

When you sell, section 6035 requires an accounting of each tenant's deposit and a transfer of the funds, with notice to each tenant by mail, no later than the real estate closing. Section 6037 excludes tenancies in a structure of five or fewer dwelling units where the landlord occupies one.

Maine on your DoorKeeping checklist

Put the lease's return period in DoorKeeping once and the move-out due date follows from the end date. The tenant file holds your inspection photos and itemized lines, and a sale checklist lists every deposit for the closing accounting. Nothing is mailed or paid without your approval. This is general information, not legal advice. Check the current statute or ask a local attorney before you rely on it.

Sources

1. 14 M.R.S. 6031, Definitions (Maine Legislature), read Oct 30, 2026
2. 14 M.R.S. 6032, Maximum security deposit (Maine Legislature), read Oct 30, 2026
3. 14 M.R.S. 6033 to 6038, return, remedies, transfer, waiver, exclusions and holding (Maine Legislature), read Oct 30, 2026

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?

For a written agreement, the time stated in the agreement, not more than 30 days. For a tenancy at will, 21 days after termination or surrender and acceptance, whichever is later.

What happens if a Maine landlord is late?

The landlord forfeits the right to withhold any part, and wrongful retention brings double the amount withheld plus attorney's fees and costs.