Maine Security Deposit Rules (2026): 30 Days, 21 Days and What Can Be Deducted

Maine’s security deposit law is clear about the essentials: how much a landlord can ask for, how long they have to return it, what they cannot deduct and what happens if they keep it wrongly. One detail trips people up: the deadline depends on whether you have a written lease or a tenancy at will. This guide explains the rules in plain English and how to move out so your deposit comes back in full. It is general information, not legal advice; check the current statute (Title 14, sections 6031 to 6038 of the Maine Revised Statutes) or speak to a lawyer about your own case.

Maine deposit rules at a glance

• Cap: a deposit can’t be more than two months’ rent
• Separate account: the landlord must keep deposits separate from their own money, and tell you on request where it is held
• Written lease: the deposit must be returned, or an itemized list of deductions sent, within the time in the agreement but no more than 30 days after the tenancy ends
• Tenancy at will: 21 days after the tenancy ends or the unit is surrendered, whichever is later
• Wear and tear: a deposit can’t be kept to pay for normal wear and tear
• Penalty: a landlord who wrongfully keeps a deposit can owe twice the amount withheld, plus court costs and reasonable attorney’s fees

Written lease or tenancy at will?

A written lease for a fixed term, such as a year, is the most common arrangement for apartments in Portland and Lewiston. A tenancy at will is a month-to-month arrangement, often with no written lease at all, common in smaller buildings and rooms. If you have a written agreement, check it for a return date; the landlord cannot set one longer than 30 days. If you rent month to month, the deadline is 21 days. Either way, give your forwarding address in writing so the landlord knows where to send the money.

What a landlord can and cannot deduct

A Maine landlord can use the deposit for unpaid rent and utilities that you owe, the cost of storing and disposing of property you left behind, and damage beyond normal wear and tear. The statute does not list cleaning separately. In practice, a unit left with a greasy oven, a dirty fridge, bathrooms that need scrubbing or furniture and trash left behind invites deductions, while ordinary dust after moving out should not. Normal wear and tear, the decline that comes from everyday living, cannot be charged.

Typical Maine move-out items

Usually wear and tear	Can lead to a deduction
Faded or lightly scuffed paint	Holes, marker or unapproved paint
Worn carpet in walkways	Burns, pet stains, tears
Light dust after moving out	Heavy grease, filthy appliances
Minor scuffs on floors	Gouges or water damage from neglect
Old well-water staining present at move-in	Furniture or trash left behind

Protect yourself at move-in

Maine does not require a move-in checklist, so your own record is your best protection. On the day you get the keys, take dated photos and video of every room: inside the oven, fridge and cabinets, bathroom grout and fixtures, floors, walls, windows, screens, the woodstove and hearth if there is one, and the basement or storage area. Email the landlord a list of existing problems and keep the reply. If iron staining from well water is already in the tub or toilet, note it; it is not your damage.

Small owner-occupied buildings

Some parts of Maine’s deposit law do not apply to small owner-occupied buildings, where the owner lives in one unit of a building with only a few apartments. Even then, the landlord should return any part of the deposit not used for legitimate charges. If you rent in a small owner-occupied building, read your agreement carefully and ask how the deposit is held.

A move-out plan that protects your deposit

• Three weeks out: check whether you have a written lease or a tenancy at will, find your move-in photos, and book a move-out clean for the day after the movers
• Two weeks out: give your forwarding address in writing
• The day before: defrost and empty the fridge and freezer
• Moving day: remove everything, including the basement, shed, porch and parking space; take bulky items to the transfer station or book a pickup
• Cleaning day: kitchen and appliances, bathrooms, floors, windows and sills, entry and mudroom, and the hearth; then photograph each room
• Keys: return them in a way you can prove, and note the date

What Maine landlords check first

After the oven and bathrooms, Maine landlords look at what the climate leaves behind: sand and salt ground into entry floors and carpets, ash around woodstoves, mildew in bathrooms and closets near the coast, and the basement. In Portland and Lewiston apartments with radiators, dust behind and between the fins is a common note. Our move-out cleaning starts at $190, with inside appliances from $40 each and carpet cleaning from $45 a room.

Students and shared apartments

Many apartments in Portland, Lewiston and Brunswick are shared by students and young professionals. Everyone on a joint lease usually shares responsibility for the whole unit, so agree early who cleans what, or book one professional clean after the last person leaves and split the cost. Each roommate should give the landlord a forwarding address.

Heat pumps, radiators and woodstoves

Many Maine rentals now use heat pumps alongside older radiators or a woodstove. Clean the heat-pump filters if the landlord asks tenants to, dust radiators when they are cool, and remove cold ash from a woodstove into a metal container outside. These small jobs are often on a landlord’s move-out list.

Don’t treat the deposit as last month’s rent

Skipping the final month’s rent and telling the landlord to keep the deposit usually backfires. The deposit is then used up on rent, nothing is left for legitimate charges, and the landlord can still pursue you for them. Pay the final month and let the deposit come back to you, with your photos as protection.

Keep a simple paper trail

Keep one folder with the lease or written agreement, any deposit receipt, your move-in photos and list, repair requests you sent, your move-out photos, the cleaning receipt and proof of when you sent your forwarding address and returned the keys. Most disputes are settled by whichever side has the better record, and this folder takes ten minutes to put together.

If your deposit isn’t returned

If the deadline passes with no refund and no itemized list, write to the landlord with the date you moved out, your forwarding address and the amount owed, and cite 14 M.R.S. §6033. Keep copies. If that fails, small claims court in Maine handles most deposit disputes, and a landlord who wrongfully keeps a deposit can owe twice the amount withheld. Pine Tree Legal Assistance and the Maine Attorney General’s consumer pages explain each step.

What to do next

Get a free quote with your move date, or see move-out cleaning in Maine, including Portland, South Portland, Lewiston and Westbrook.