Maine regulates tenancies mostly in Title 14 of the Maine Revised Statutes: Chapter 709 covers tenancies, notices, and forcible entry and detainer, while Chapter 710-A sets the security deposit rules. Maine is one of the more tenant-protective states in New England — the habitability warranty is codified, and a landlord who wrongfully keeps a deposit faces double damages plus attorney’s fees.
Two Maine features stand out. First, the law distinguishes sharply between a written lease and a tenancy at will — the informal arrangement most renters actually live under — and different deposit deadlines and termination notices apply to each. Second, rent increases are more regulated here than in neighboring states: a statewide law requires 45 days’ notice for most increases, and Portland and South Portland cap increases locally.
This guide covers the Maine rules that come up most often: deposits, pets, rent increases, habitability and repairs, evictions, and where disputes are heard. It is general information, not legal advice — for a specific situation, contact a Maine attorney or Pine Tree Legal Assistance.
| Governing law | 14 M.R.S. Chapter 709 (tenancies) and Chapter 710-A (deposits) |
|---|---|
| Security deposit cap | 2 months’ rent (14 M.R.S. § 6032) |
| Deposit return deadline | Within 30 days (written lease) or 21 days (tenancy at will) (§ 6033) |
| Wrongful withholding penalty | Double damages plus attorney’s fees and court costs (§ 6034) |
| Rent increase notice | 45 days; 75 days if the increase is 10% or more (§ 6015) |
| Nonpayment notice to quit | 7 days once the tenant is 7+ days in arrears (§ 6002(1)(C)) |
Maine Rental Law at a Glance
Maine’s landlord-tenant rules sit in two places: Chapter 709 of Title 14 (which includes the tenancy-at-will statute, § 6002, the repair-and-deduct rule, § 6026, and the forcible entry and detainer procedure, § 6001) and Chapter 710-A, the security deposit law in §§ 6031–6038. Federal requirements — including the lead-based paint disclosure for pre-1978 housing — apply on top, and Maine adds its own lead-safety duties for older rental housing.
Maine gives tenants strong statutory tools, but they are procedural: deadlines, written notices, and court filings are strictly enforced. Knowing which tenancy you have — a written lease or a tenancy at will — matters more here than in most states, because different deadlines apply to each.
Security Deposits: Cap, Return Deadlines, Double Damages
A Maine landlord may not require a security deposit larger than two months’ rent (14 M.R.S. § 6032), and at move-in the total collected in the first month cannot exceed the first month’s rent plus the deposit plus disclosed recurring fees (§ 6022-A). The return deadline depends on the tenancy: for a written agreement, the deposit must be returned — or a written, itemized statement of the reasons for retention plus the balance — within the time stated in the agreement, up to 30 days; for a tenancy at will, within 21 days after the tenancy ends or the premises are surrendered and accepted, whichever is later (§ 6033(2)).
Normal wear and tear can never be deducted. If the landlord misses the deadline, they forfeit the right to withhold any portion of the deposit (§ 6033(3)) — and the enforcement provisions add real teeth:
- ✓A tenant who intends to sue must give the landlord at least 7 days’ written notice; if the landlord still does not return the full deposit within those 7 days, the law presumes the retention is wrongful (§ 6034(1)).
- ✓Wrongful retention makes the landlord liable for double the amount wrongfully withheld plus reasonable attorney’s fees and court costs, and the landlord bears the burden of proof (§ 6034(2)–(3)).
Pet Deposits and Pet Rent in Maine
Maine has no statute that caps pet deposits or pet rent — a landlord may charge what the market supports, and a 2025 bill to regulate pet fees failed in the Legislature. One caution: Maine defines a security deposit broadly as any advance or deposit whose primary function is to secure performance of the lease (§ 6031(2)), so a refundable pet deposit can arguably count toward the two-month cap; no statute or published case settles the question.
Service and assistance animals are not pets under federal fair housing law, so no pet deposit, fee, or pet rent may be charged for them, though the landlord can still bill actual damage. A Maine pet addendum should label each charge as refundable or not, state any monthly pet rent, and assign responsibility for damage and cleanup.
Rent Increases: 45-Day Notice and Local Rent Control
Maine requires written notice of at least 45 days for a rent increase, and 75 days if the increase is 10% or more — or brings cumulative increases within the prior 12 months to 10% or more (14 M.R.S. § 6015, effective January 1, 2025). A fixed-term lease locks the rent for the term, and no increase can take effect while the unit violates the habitability standard (§ 6016).
Maine has no statewide rent control and no cap on how much rent can rise, but municipalities can and do act: Portland has capped annual increases at 70% of the Greater Boston CPI change (2.2% for 2026, with a 10% ceiling) since 2021, and South Portland caps increases at 10% for larger buildings. Tenants should confirm any increase is in writing; landlords should treat the notice clock as a hard deadline.
Habitability, Repairs, and Required Disclosures
Every Maine rental agreement carries an implied warranty and covenant of habitability: the dwelling unit must be fit for human habitation (§ 6021). Heat must reach 68°F when it is -20°F outside, and a written agreement can lower the floor to 62°F only when no occupant is over 65 or under 5. If the landlord fails to fix a health-or-safety condition after written notice, tenants have two routes: file a complaint in District Court under § 6021, where the court can abate rent, or use repair-and-deduct under § 6026.
Repair-and-deduct in Maine is real but bounded: the repair cost must be less than $500 or half a month’s rent, whichever is greater; the tenant sends a 14-day notice by certified mail; electrical, oil, and plumbing work needs a licensed professional; and the remedy is unavailable in owner-occupied buildings with five or fewer units. There is no rent escrow or self-help rent-withholding statute in Maine — a tenant should not stop paying rent on their own; the proper routes are the court action under § 6021 or the repair-and-deduct remedy in § 6026.
Maine also runs its own lead-safety program on top of the federal lead-paint rule: a landlord cannot knowingly rent a unit posted or ordered cleared of lead (22 M.R.S. § 1322), and a 30-day notice is required before renovating pre-1978 housing (14 M.R.S. § 6030-B). Landlords must also respond to reported bed bugs — inspect within 5 days and arrange pest control within 10 days (§ 6021-A) — and late fees are capped at 4% of one month’s rent after 15 days (§ 6028), with application fees beyond the actual cost of one screening prohibited (§ 6030-H).
Evictions: Notices and Forcible Entry and Detainer
Maine evictions are forcible entry and detainer actions under § 6001, filed in District Court for the county where the property sits. For nonpayment, a landlord may serve a 7-day notice once the tenant is 7 or more days in arrears (§ 6002(1)(C)); a 7-day notice also covers substantial uncured damage, nuisance, or unlawful conduct. Paying the full amount before the notice expires voids it, and paying all arrears plus the filing and service fees before a writ of possession is issued reinstates the tenancy. Other terminations of a tenancy at will need the full 30-day notice.
The notice must tell the tenant they have the right to contest the termination in court, and a default judgment can be set aside if that language was missing. Tenants served with a notice should respond before the deadline and can raise defenses such as habitability violations or retaliation. Self-help evictions, lockouts, and utility shutoffs are illegal, and an unlawful eviction exposes the landlord to the tenant’s actual damages or $250, whichever is greater, plus costs and fees (§ 6014). Anyone facing eviction should contact Pine Tree Legal Assistance right away.
Local Ordinances and Where Disputes Get Resolved
Beyond rent control, Portland limits security deposits to one month’s rent and bans application fees, and Bangor and Lewiston run rental registration or tenants’-rights programs. Landlords should check the local code wherever the property sits — Portland and Bangor are meaningfully stricter than the rest of Maine.
Most Maine deposit disputes belong in small claims court, where the ceiling rises to $10,000 (exclusive of interest and costs) effective January 1, 2026 (14 M.R.S. § 7482) — confirm the current limit before filing. Free help is available through Pine Tree Legal Assistance, the Attorney General’s Consumer Protection Division, and MaineHousing. Start with a written demand letter citing § 6034 and give the landlord the 7-day window — most cases settle once the double-damages exposure is clear.
Guide reviewed 2026-08-19. Rental laws change frequently; verify the current statute text before relying on any rule on this page. This information is not legal advice.
