US Legal Forms
Legal Resources
Questions & Answers
Landlord Tenant
What is the maximum security deposit for a tenancy at will in Maine?

What is the maximum security deposit for a tenancy at will in Maine?

Q: Can a landlord charge more than two months' rent for a security deposit in Maine?

No, in Maine, a landlord cannot charge more than two months' rent as a security deposit for a tenancy at will. This limit is established by 14 M.R.S. § 6032, which ensures that security deposits remain manageable for tenants. Any amount above this limit would be considered unlawful.

Q: What happens to the security deposit after a tenant moves out in Maine?

After a tenant moves out in Maine, the landlord must return the security deposit within 30 days, as per 14 M.R.S. § 6032. The landlord can deduct amounts for unpaid rent or damages beyond normal wear and tear. Tenants should receive an itemized list of any deductions made from the deposit.

Q: Is a written lease required for a tenancy at will in Maine?

While a written lease is not required for a tenancy at will in Maine, it is highly recommended. A written agreement can clarify the terms of the tenancy, including the security deposit amount and other important conditions. Without a written lease, misunderstandings may arise regarding the rental terms.

Full question:

I am shifting to the city of Maine next month and would like to rent an apartment. What is the maximum amount of security deposit that one would have to make for a tenancy at will agreement in Maine?

Category: Landlord Tenant
Subcategory: Security Deposit
Date: 04/07/2025
State: Maine

Answer:

In Maine, the maximum security deposit for a tenancy at will agreement cannot exceed two months' rent for the rental property. According to 14 M.R.S. § 6032, a lease or tenancy at will for a dwelling intended for human habitation may require a security deposit of no more than the rent for two months. It is also permissible for the security deposit to be less than that amount.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the rules for security deposits in Maine?

In Maine, security deposits are regulated under 14 M.R.S. § 6032. Landlords can require a security deposit of up to two months' rent for residential properties. Additionally, landlords must return the deposit within 30 days after the tenant moves out, minus any deductions for damages or unpaid rent. It's important for both landlords and tenants to keep records of the deposit and any agreements made.