Maine Landlord-Tenant Law for DIY Landlords (2026)
Security deposits, the 4% late fee cap, 45 days' notice on rent increases, the 7-day notice and the forcible entry and detainer timeline in Maine, in plain English for landlords who manage their own rentals.
Last updated
Maine is a tenant-protective state with a lot of hard numbers in it. A 4% ceiling on late fees. Forty-five days' notice before a rent increase. Double damages if you hold a deposit you should not have held.
The rules sit in Title 14. Chapter 709 covers entry and detainer, which is what Maine calls eviction. Chapter 710 covers rental property, and chapter 710-A covers deposits. Here is what a small landlord has to get right.
Security deposits
The cap is two months' rent. A lease or tenancy at will agreement for a home cannot require a deposit worth more than two months' rent (14 M.R.S. § 6032).
Two deadlines, not one. With a written lease you have 30 days, or the period the lease sets. With a tenancy at will you have 21 days. The clock runs from the later of the end of the tenancy or the day the tenant hands back the unit (§ 6033).
Send an itemized written statement. If you keep any part of the deposit, the statement lists the reasons and the rest of the money goes with it. Mailing both to the tenant's last known address counts as delivery. Miss the deadline and you lose the right to withhold any portion at all (§ 6033).
Normal wear and tear is off limits. Maine defines it as deterioration from the use the unit was meant for, without negligence, carelessness, accident or abuse (§ 6031). Unpaid rent, unpaid utility charges the tenant owed, and the cost of storing property the tenant left behind are fair game (§ 6033).
Wrongful retention costs double. A tenant gives written notice at least 7 days before suing. If the deposit does not come back in that window, the law presumes you are holding it wrongfully, and the burden is on you to show otherwise. Lose and you owe double the amount withheld plus the tenant's attorney fees and court costs (§ 6034).
Keep it in a separate account. A deposit is not your asset. It cannot be commingled, and it has to sit in an account at a financial institution (§ 6038). A lease clause waiving any of this is void (§ 6036), and on a sale the deposit passes to the buyer with an accounting and written notice to the tenant (§ 6035).
One exemption. The deposit chapter does not apply to a unit in a building of no more than 5 dwelling units where you live in one of them, and a narrow carve-out covers some federally guaranteed mortgages (§ 6037).
What you can collect up front
First month, deposit, and mandatory recurring fees. That is all. You cannot require more at signing than the first full month of rent, a deposit inside the two-month cap, and any mandatory recurring fee (§ 6022-A). Last month's rent on top of a full deposit does not fit.
Disclose the total price in writing. Before the lease starts, give a signed statement covering rent, recurring fees, utility costs and anything else the tenant pays (§ 6030-J).
Late fees
The cap is 4%, after a 15-day grace period. Rent is not late in Maine until 15 days past the due date, and the penalty cannot exceed 4% of one month's rent. You must have told the tenant in writing at signing that a penalty up to 4% may apply. No notice at signing means no late fee at all (§ 6028).
Rent increases and rent control
Forty-five days' written notice. Rent goes up only after at least 45 days' written notice. The right cannot be waived, and a landlord who collects an unlawful increase owes it back with interest plus the tenant's legal fees and costs (§ 6015). Rent cannot be raised at all on a unit that violates the warranty of habitability, except where the tenant caused the violation (§ 6016).
Maine sets no statewide cap on the size of an increase. No state statute stops a Maine municipality from adopting its own rent control, and some have, so check your town ordinance first.
Entering the unit
Twenty-four hours is the benchmark. Maine requires reasonable notice and treats 24 hours as reasonable absent evidence otherwise. Emergencies are the exception. Enter without notice, at an unreasonable hour, or demand entry repeatedly to harass, and the tenant recovers actual damages or $100, whichever is greater, plus fees (§ 6025).
Ending a month-to-month tenancy
Thirty days' written notice, either side. A tenancy at will ends on a minimum of 30 days' written notice from the landlord or the tenant. Seven-day notice covers narrower cases, including substantial damage to the unit, a nuisance, and rent 7 or more days in arrears (§ 6002).
When rent is not paid
Once the tenant is 7 days or more behind, you may serve a 7-day written notice to quit (§ 6002).
The tenant can cure twice. Paying the full amount due before the 7 days run out voids the notice outright. Even after it expires, the tenant reinstates the tenancy by paying all back rent, the current rent due and your filing fees at any point before a writ of possession issues (§ 6002).
Notice can go out by first class mail plus a copy left at the unit, after at least 3 good faith attempts at personal service on 3 different days (§ 6002).
The eviction (forcible entry and detainer) timeline
- Serve the notice to quit. Seven days for rent arrears, 30 days for an ordinary tenancy at will (§ 6002).
- File the complaint. Summons and complaint go out the way other civil actions do. For a residential tenant you attach the Judicial Branch form notice covering court procedure, rental assistance and legal aid (§ 6004). The court can send the case to mediation (§ 6004-A).
- Judgment, then a 7-day wait. No writ of possession issues until 7 calendar days after judgment is entered (§ 6005).
- Writ served, 48 hours to go. A tenant who has not moved out within 48 hours of service is a trespasser, and belongings left behind fall under § 6013 (§ 6005).
Do not self-help. Shutting off a utility on purpose, or locking a tenant out without a court order, costs actual damages or $250, whichever is greater, plus costs and attorney fees (§ 6014).
Watch the six-month window. Filing within 6 months after a tenant asserted their rights, complained about code violations or asked for repairs in writing raises a rebuttable presumption of retaliation (§ 6001).
Repairs and habitability
Every lease carries the warranty, written or oral. The unit has to be fit for human habitation. A tenant who gave written notice, did not cause the condition and is current on rent can go to court for repairs, a rent reduction running from the date of notice, or permission to move out without owing occupancy charges. Where you supply heat, the floor is 68 degrees (§ 6021).
Repair and deduct. For a dangerous condition needing a minor repair, a tenant who sends certified mail notice and waits 14 days can have the work done and take it off the rent, capped at $500 or half a month's rent, whichever is greater (§ 6026).
The short version
- Deposit cap of 2 months' rent, in a separate non-commingled account
- Return in 30 days on a written lease, 21 days on a tenancy at will, with an itemized statement
- Miss the deadline and you forfeit it. Hold it wrongfully and you pay double plus fees
- Up front, first month plus deposit plus mandatory recurring fees, nothing more
- Rent is not late for 15 days, and the penalty caps at 4% of a month's rent
- Forty-five days' written notice before any rent increase
- Thirty days to end a tenancy at will, 7 days for rent 7 or more days in arrears
- After judgment, 7 days before the writ, then 48 hours after service
Let Taz handle the paperwork
Taz is an AI property manager for landlords who would rather not live in the code books. It tracks the 21 and 30 day deposit clocks, counts the 45 days before a rent increase goes out, sends rent reminders, takes maintenance requests day and night, and keeps the records a Maine judge would ask for, for a flat monthly price per door instead of a cut of your rent. See how Taz works.
Where this guide says a state has no rule on something, that means we found no statute setting one, which is not the same as none existing. Local ordinances and court practice can add requirements. Confirm anything you plan to rely on.
This guide is general information, not legal advice. Laws change, and your city or town may add rules. Talk to a Maine attorney before acting on a specific situation. Last checked September 2026.
Sources
- 14 M.R.S. § 6031, security deposit definitions and normal wear and tear
- 14 M.R.S. § 6032, two-month deposit cap
- 14 M.R.S. § 6033, return of deposit, 21 and 30 day deadlines, itemized statement
- 14 M.R.S. § 6034, wrongful retention and double damages
- 14 M.R.S. § 6035, transfer of deposit when the landlord's interest ends
- 14 M.R.S. § 6036, waiver void
- 14 M.R.S. § 6037, owner-occupied 5-unit exemption
- 14 M.R.S. § 6038, separate account, no commingling
- 14 M.R.S. § 6001, availability of remedy and retaliation presumption
- 14 M.R.S. § 6002, tenancy at will notice, 7-day notice and cure
- 14 M.R.S. § 6004, commencement of the forcible entry and detainer action
- 14 M.R.S. § 6005, writ of possession and the 48-hour rule
- 14 M.R.S. § 6008, appeal and stay
- 14 M.R.S. § 6013, property unclaimed by the tenant
- 14 M.R.S. § 6014, remedies for illegal eviction and utility shutoff
- 14 M.R.S. § 6015, 45 days' notice of a rent increase
- 14 M.R.S. § 6016, no rent increase on an unfit unit
- 14 M.R.S. § 6021, implied warranty of habitability and heat standards
- 14 M.R.S. § 6022, receipts for cash rent and deposits
- 14 M.R.S. § 6022-A, limit on the initial amount paid by a tenant
- 14 M.R.S. § 6025, access to the premises
- 14 M.R.S. § 6026, dangerous conditions and repair and deduct
- 14 M.R.S. § 6028, penalties for late payment of rent
- 14 M.R.S. § 6030-H, application and screening fees
- 14 M.R.S. § 6030-J, total price disclosure statement
- Title 14, chapter 709 section index, entry and detainer
- Title 14, chapter 710 section index, rental property
