Pet deposit and pet fee law in Maine: a two-month cap and a forfeiture for late accounting
Maine's security deposit law is two short sections. Section 6032 says a lease or tenancy at will agreement may not require a security deposit equivalent to more than the rent for 2 months. Section 6033 says no deposit may be retained for normal wear and tear, requires an itemized statement within the time stated in a written agreement (no more than 30 days) or 21 days for a tenancy at will, and forfeits the landlord's right to withhold if the deadline is missed.
Where do pet deposits fit under the Maine cap?
Section 6032 caps the security deposit a lease may require at the rent for 2 months. The text speaks of "a security deposit" and does not mention pets, so I treat a refundable pet deposit as part of the same total. A landlord with a base deposit of two months has used the whole allowance. One who takes a smaller base deposit can add a pet deposit, as long as the sum stays at or under two months' rent.
The section does not address nonrefundable pet fees or monthly pet rent. Pet rent can be written into the rent figure in the lease. A nonrefundable fee collected up front looks like an attempt to take more than the statute allows as a deposit, so get advice before using one.
What can be deducted and by when?
Section 6033(1) says a security deposit or any portion of it shall not be retained to pay for normal wear and tear. Under (2), the landlord must return the full deposit or, if there is actual cause for retaining any part, give a written statement itemizing the reasons: for a written rental agreement, within the time stated in the agreement, not to exceed 30 days; for a tenancy at will, within 21 days after the tenancy ends or the premises are surrendered and accepted, whichever is later. The statement must come with full payment of the difference between the deposit and the amount kept.
Reasons for retention include, but are not limited to, storing and disposing of unclaimed property, nonpayment of rent and unpaid utilities the tenant owed the landlord directly. Mailing the statement and payment to the tenant's last known address counts as compliance. Under (3), a landlord who fails to give the statement or return the deposit in time forfeits the right to withhold any part of it.
Example a made-up tenant at will surrenders the unit, and the landlord accepts it, on Friday, December 4, 2026. The itemized statement and the balance must be mailed by Friday, December 25, 2026. For a written lease that says 30 days, the date would be Sunday, January 3, 2027, and the lease cannot promise longer than 30.
What about assistance animals?
Federal fair housing law controls here. The regulation at 24 CFR 100.204 makes it unlawful to refuse reasonable accommodations in rules and policies needed to give a person with a disability equal use of a dwelling, and its first example is a seeing eye dog in a no-pets building. Do not take a pet deposit for an approved assistance animal. Real damage can still come out of the ordinary deposit through the itemized statement.
- Keep the total deposit, pet portion included, at or under two months of rent.
- Write the return deadline into the lease, never above 30 days.
- Separate normal wear from damage with dated move-in and move-out photos.
- Mail the statement and payment together.
Where does DoorKeeping fit?
DoorKeeping keeps the lease, the pet addendum, the move-in photos and the rent ledger together, so the purpose of each charge and the condition of the unit on the first day are on file when you itemize a deduction. You decide what to charge and what to keep. This is general information, not legal advice: check the current statute, and ask a local attorney if a charge is disputed.
Sources
- 14 M.R.S. 6032, Maximum security deposit (Maine Legislature), read Oct 30, 2026
- 14 M.R.S. 6033, Return of the security deposit (Maine Legislature), read Oct 30, 2026
- 24 CFR 100.204, Reasonable accommodations (Electronic Code of Federal Regulations), read Oct 30, 2026
Questions
- What is the Maine security deposit cap?
- The rent for 2 months (14 M.R.S. 6032).
- Can a Maine landlord deduct for normal wear and tear?
- No. Section 6033(1) bars retaining a deposit to pay for normal wear and tear.
- What happens if a Maine landlord is late with the statement?
- The landlord forfeits the right to withhold any portion of the deposit (6033(3)).