Understanding Security and Damage Deposit Rules in Maine

If you’re renting in Maine, understanding the differences between security deposits and damage deposits is crucial. Both provide financial assurance to landlords, but Maine law has specific rules about how they’re collected, held, used, and returned. This article breaks down these concepts into clear, renter-friendly advice, so you know what to expect when moving in, living in, or moving out of your home.

What Is a Security Deposit?

In Maine, a security deposit is the money a landlord collects from a renter at the start of a tenancy. Its purpose is to protect the landlord in case of unpaid rent, damages beyond normal wear and tear, or unmet lease obligations. Under Maine law, these deposits are regulated to ensure fair treatment of renters and accountability from landlords.

Is There a Difference Between a Security Deposit and a Damage Deposit?

Some states allow separate deposits for different purposes, but Maine law does not distinguish between a “security deposit” and a “damage deposit.” Whether it’s called a pet deposit, cleaning deposit, or similar, all amounts held as protection for the landlord must follow the security deposit rules under Maine law. This often means your landlord cannot charge extra, separate deposits for damages or pets unless it fits within the state’s overall maximum.

Main Rules for Security Deposits in Maine

• Maximum amount: Landlords can ask for no more than two months’ rent as a security deposit for most rentals.
• Holding deposits: The security deposit must be kept in a separate, interest-bearing account in a Maine financial institution.
• Receipts: Your landlord must provide a receipt stating where the deposit is held.
• Return timeline: The landlord must return your security deposit within 30 days after you move out, or within 21 days if your building has five or fewer units and you gave proper notice.
• Permitted deductions: Deductions can only be made for unpaid rent, charges spelled out in the lease (like excessive damage repairs), or the removal/storage of your belongings after you leave.

Common Situations: What Can Be Withheld?

Landlords cannot keep your deposit for normal wear and tear—think faded paint, minor carpet scuffs, or worn doorknobs. They can, however, use the deposit if you:

• Owe rent when moving out
• Leave behind major damage beyond ordinary use
• Violate other lease terms that result in costs

Official Forms and How to Use Them

• Security Deposit Return Request (Letter format): If your security deposit is not returned on time, you can send a written request to your landlord. Maine law does not require a specific state form, but you should put your request in writing and keep a copy.
  When to use: Send this letter immediately after the legal deadline passes. Include your forwarding address and a list of any issues.
  Where to find: Use sample letter templates or see guidance from Maine Attorney General’s "Your Rights as a Tenant" guide.
• Complaint to Maine District Court (Small Claims): If your landlord refuses to return your deposit, you may file a Small Claims action using the Maine Judicial Branch Small Claims forms.
  When to use: If the landlord does not return the deposit after your written request.

Always keep documentation, including your original lease, deposit receipt, communications, and photos of the premises.

How to File a Security Deposit Complaint: Step by Step

If your deposit is not returned or you believe an improper deduction was made, you can pursue the following steps:

• Send a formal written request to your landlord, detailing your claim and forwarding address.
• If unresolved, file a Small Claims action at your local Maine District Court.
• Prepare your evidence, such as your lease, receipts, move-in/move-out documentation, and copies of your communications.
• You can get more details and the Small Claims Complaint form from the Maine Judicial Branch.

What Tribunal Handles Deposit Disputes?

Deposit disputes in Maine are generally handled by the Maine District Court. There is no dedicated "tenancy board" in Maine, but the District Court hears landlord-tenant and Small Claims cases, including those about security deposits.

Relevant Tenancy Legislation in Maine

Your rights regarding deposits come from the Maine Revised Statutes, Title 14 §6031–6038: Security Deposits. Reviewing these laws can help you understand timelines, permitted deductions, and penalties for wrongful withholding.

Frequently Asked Questions

1. Can a landlord ask for multiple deposits in Maine?
   No, Maine law treats all types of deposits (security, pet, or damage) as one and limits them to two months’ rent for most rentals.
2. What if my landlord doesn’t return my deposit on time?
   Send a written request for your deposit. If you do not receive it, you may file a Small Claims case in Maine District Court.
3. Can my landlord keep my deposit for normal wear and tear?
   No. Landlords cannot deduct for normal, expected aging of the rental like minor scuffs, faded paint, or worn carpets.
4. Am I entitled to interest earned on my security deposit?
   If your deposit was held for at least one year, you are entitled to receive any interest earned during that time.
5. Are short-term rentals or rooms in an owner-occupied home covered by these rules?
   No. Maine’s security deposit laws do not apply if you rent a room in your landlord’s home or for rentals under 60 days.

Conclusion: Key Takeaways for Renters

• Maine only allows one deposit, up to two months’ rent for most leases, covering rent shortfalls and damages.
• Landlords must return your deposit on time and can only deduct for specific costs, not normal wear and tear.
• Know your rights under Maine law, keep detailed move-in/out records, and use the courts if your deposit is wrongfully withheld.

Need Help? Resources for Renters

• Maine Attorney General – Your Rights as a Tenant
• Maine District Court – Small Claims & Landlord-Tenant Information
• Maine Revised Statutes: Security Deposit Laws (Title 14, §6031–6038)
• MaineHousing – Security Deposits Overview

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1. Maine Revised Statutes Title 14, Section 6031–6038 – Security Deposits
2. Maine Attorney General: Your Rights as a Tenant
3. Maine District Court – Landlord-Tenant Law
4. Maine Judicial Branch: Forms for Small Claims
5. MaineHousing: Security Deposit Information

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