Published 2026-09-25 · 18 min read

Maine Landlord-Tenant Law 2026: The Plain-English Guide

Quick answer - Maine: Maine caps deposits at two months' rent in a separate bank account (§ 6032, § 6038). Return it within the lease time, at most 30 days — 21 days for at-will tenancies — or forfeit any withholding. Wrongful retention costs double the amount withheld, plus fees. Entry requires 24 hours' notice.

Maine runs its rentals under Title 14, Chapter 710 (14 M.R.S. §§ 6021–6030-J, the security deposit chapter 710-A at §§ 6031–6039, plus the forcible entry and detainer §§ 6000–6005) — one of the most tenant-protective regimes in New England. The headline facts: a two-month deposit cap in a separate bank account beyond the reach of your creditors, a 15-day grace period before any late fee and a 4% late-fee cap, 45 days' notice for rent increases (75 days at 10% or more), 24-hour entry notice, and an exact heat standard — the system must be capable of holding 68°F even when it's −20°F outside. Since January 1, 2025, Public Law 2023, chapter 594 has also capped move-in money, required a signed total price disclosure when recurring fees are charged, and limited optional recurring fees to genuine opt-ins. Portland adds a one-month deposit cap, 90-day increase notices, and an allowable increase of 2.2% for 2026 and 2.6% for 2027 on covered units.

Statute text was verified against the official Maine Revised Statutes (legislature.maine.gov), cross-checked against Justia and FindLaw mirrors, the City of Portland's official rent control page, and Pine Tree Legal Assistance's Portland guide (updated February 2025). Two claims in the previous version did not survive that check and are corrected below: the entry remedy is $250, not $100, and the 2025 bills the old page cited on source-of-income discrimination were not the law — one was an unrelated public-utility bill, the other died in 2025, and the protection that exists dates to 2011 in a narrower form.

Maine's 45/75-day rent-increase tiers, 15-day late-fee grace period, and 4% late-fee cap mean one missed notice window can void a rent increase entirely — and its two-month deposit cap with a 21-day return clock on tenancies at will is one of the tightest in New England. The 50-State Landlord Law Dataset (CSV + JSON) ($29) puts all 50 states' deposit caps, return deadlines, damage multipliers, and entry-notice rules in one searchable spreadsheet so you can compare and comply without re-reading statutes.

At a glance

When the clocks actually start

Most Maine landlord mistakes are calendar mistakes, and the statutes do not all count from the same day.

• Deposit, tenancy at will (§ 6033(2)(B)): the 21 days run from the later of termination or surrender and acceptance — a tenant who terminates on the 1st but surrenders keys on the 10th starts your clock on the 10th. Mailing the statement and payment to the last known address counts as compliance.
• Deposit, written lease (§ 6033(2)(A)): the deadline is the time stated in the agreement, capped at 30 days — draft the 30-day figure into the lease itself.
• Wrongful-retention presumption (§ 6034(1)): missing the § 6033 deadline does not itself trigger double damages. The tenant must first give notice of intention to bring suit at least 7 days before filing; only if the landlord then fails to return the entire deposit within that 7 days is wrongful retention presumed.
• Late fee (§ 6028(1)): rent is late only if not made within 15 days from the time it is due.
• Rent increase (§ 6015): the 45 or 75 days are written notice before the increase takes effect, and the 75-day tier is cumulative — smaller increases inside 12 months that together reach 10% pull the crossing increase into the 75-day tier.
• 7-day notice (§ 6002(1)(C)): the tenant must be 7 days or more in arrears before this notice can rest on nonpayment, and full payment before the notice expires voids it. Reinstatement survives filing: paying all arrears, all rent due as of the payment date, and the landlord's actual filing and service fees before the writ issues reinstates the tenancy (§§ 6002(1), 6005).
• FED (§§ 6003, 6005): the hearing clock runs from the return day (no later than 10 days after it, absent a continuance for good cause); the writ clock runs from entry of judgment (7 calendar days); the tenant's 48 hours run from service of the writ.

Worked examples, weekdays verified: a tenancy at will ends and the premises are surrendered and accepted on Monday, March 2, 2026 — the deposit statement and balance are due Monday, March 23, 2026. A written lease terminates Wednesday, September 30, 2026 and states the maximum period — the deadline is Friday, October 30, 2026. Rent of $1,500 due Sunday, March 1, 2026 is not late if paid by Monday, March 16, 2026; the most you may charge after that is 4% of one month, or $60, and only if disclosed in writing at signing. An increase notice given Monday, March 2, 2026 takes effect no earlier than Thursday, April 16, 2026 on the 45-day tier, or Saturday, May 16, 2026 at 10% or more. A FED judgment entered Monday, October 5, 2026 produces a writ on Monday, October 12, 2026; a tenant served that day who has not left within 48 hours — by Wednesday, October 14, 2026 — is deemed a trespasser without right.

How much can a Maine landlord charge as a security deposit? (§ 6032)

• Capped at two months' rent (§ 6032): a lease or tenancy at will agreement for a dwelling intended for human habitation may not require a security deposit equivalent to more than the rent for 2 months. The cap is a single deposit figure — do not stack renamed deposits on top of it.
• Mobile home park lots are a different statute: a lessor of a mobile home park lot may not require more than 3 months' rent (10 M.R.S. § 9098(1)); the operator must return it within 21 days after termination or surrender and acceptance, whichever occurs first, and mobile-home deposits carry the interest duty in § 9098(2) — the one context in which Maine deposit interest is required. Do not cite § 6032 for a park lot.
• Separate account (§ 6038(1)): a deposit may not be treated as an asset or commingled. Deposits received after October 1, 1979 must be held in an account of a bank or other financial institution on terms placing the deposit beyond the claim of creditors of the landlord, including a foreclosing mortgagee or trustee in bankruptcy, with provision for transfer to a subsequent owner or the tenant under § 6035. A single escrow account for all tenants is permitted. On request, disclose the institution name and account number. Ordinary residential deposits earn no required interest.
• The § 6038 remedy: on a court finding of violation, the tenant recovers actual damages, $500 or one month's rent, whichever is greatest, plus costs and expenses, and the court may award attorney's fees (§ 6038(2)) — on $1,500 rent, a $1,500 floor for a bookkeeping error.
• Return deadlines (§ 6033(2)): under a written agreement, within the time stated, not to exceed 30 days; at will, within 21 days after the later trigger above.
• Itemization (§ 6033(1)–(2)): nothing may be retained for normal wear and tear; any retention requires a written statement itemizing the reasons, accompanied by payment of the difference. Reasons the statute names include storing and disposing of unclaimed property, nonpayment of rent, and nonpayment of utility charges the tenant was required to pay directly to the landlord.
• Miss the deadline, forfeit the deduction: a landlord who fails to provide the statement or return the deposit in the § 6033 time forfeits the right to withhold any portion (§ 6033(3)).
• Wrongful retention (§ 6034): after the tenant's 7-day pre-suit notice, wrongful retention renders the landlord liable for double the portion wrongfully withheld, together with reasonable attorney's fees and court costs (§ 6034(2)), and the landlord bears the burden of proving the withholding was not wrongful (§ 6034(3)). On a $3,000 deposit (two months at $1,500 rent) with $650 wrongfully withheld, exposure is the $650 plus $1,300 in double damages, plus fees and costs.
• Exemption (§ 6037(2)): the deposit chapter does not apply to a tenancy in a structure of no more than 5 dwelling units, one occupied by the landlord. The chapter also yields where it conflicts with a federally guaranteed mortgage (§ 6037(1)).

Our security deposit laws guide, Maine security deposit law page, and deductions guide cover the bookkeeping side.

Money at move-in, fees, and screening

Public Law 2023, chapter 594 (effective January 1, 2025) is the part of Maine law the previous version of this page missed entirely.

• Cap on the initial amount (§ 6022-A(1)): on entering an agreement, a landlord, agent, or broker may not require an initial amount in excess of the total of the rent for the first full month of occupancy, a security deposit as limited by § 6032, and any mandatory recurring fee (§ 6000(1-A)) properly disclosed under § 6030-J. Last month's rent collected on top of those items does not fit inside that list.
• Total price disclosure (§ 6030-J): before entering the agreement, provide a written disclosure of the costs the tenant must pay — at minimum total rent, any mandatory or optional recurring fee, any utility service costs, and any other cost under the agreement — in plain language, signed by both parties, a copy to each. It is not required if the tenant owes no mandatory or optional recurring fee (§ 6030-J(3)). The sanction is severe: an agreement is unenforceable if the landlord does not receive a signed copy of the total price disclosure as required by § 6030-J (§ 6030(4)).
• Optional recurring fees are opt-in only (§ 6030-I): a fee for a non-essential added service or feature may be imposed only with prior written notice that the tenant may opt in and cease paying at any time without penalty; the landlord may not deny or terminate the tenancy for opting out. A clause requiring a recurring fee in violation of §§ 6030-I or 6030-J is unenforceable and violates the Maine Unfair Trade Practices Act, Title 5, section 207 (§ 6030(2)(F)).
• No application fees; screening at actual cost (§ 6030-H): no fee to submit, or for the landlord to review or approve, an application. The only exception is the actual cost of one background check, credit check, or other screening process. The landlord must give the applicant a complete copy of the information obtained, may not charge at all unless the applicant was first notified of that copy right, and may not charge an applicant more than one such fee in any 12-month period.
• Unfair agreements (§ 6030): requiring a waiver of rights under chapters 709, 710, or 710-A is an unfair and deceptive trade practice; clauses absolving the landlord of liability for the landlord's own negligence, requiring the tenant to pay the landlord's enforcement legal fees, or charging a fee for discontinuing tenancy (outside three narrow categories) are unenforceable (§ 6030(1)–(2)).

When is rent legally late in Maine, and what late fee is allowed? (§ 6028)

• 15-day grace period: rent is late only if not made within 15 days from when it is due (§ 6028(1)). A "due on the 1st, late fee on the 5th" clause is unenforceable.
• Late fees capped at 4% of one month's rent — only if the landlord gave written notice at the time the agreement was made that a penalty of up to 4% may be charged (§ 6028(2)–(3)). No disclosure at signing, no late fees. See how to handle late rent.
• Rent-increase notice (§ 6015): rent or mandatory recurring fees may be increased only after at least 45 days' written notice (§ 6015(1)). An increase of 10% or more requires at least 75 days, including before any increase that brings the total within a 12-month period to 10% or more (§ 6015(2)). Waivers are void; a violator must return sums unlawfully obtained with interest, plus fees and costs. The 75-day tier does not apply to housing under recorded affordability requirements or subsidy-program restrictions (§ 6015(2)(A)–(C)). See how to raise rent legally.
• No increase on an unfit unit (§ 6016): rent may not be increased while the unit violates the warranty of habitability, unless the tenant, family, guests, or invitees caused the violation; sums unlawfully obtained must be returned with interest and fees.
• No statewide rent control, but Portland and South Portland regulate increases locally (next section); Maine does not preempt them, so state rules are only the floor where an ordinance applies. Check the short-term rental legality guide if you run mid-term units in Portland, and use the lease renewal playbook to calendar the 45/75-day windows — a missed deadline voids the increase.

Portland (and South Portland): the local overlay

Portland's Rent Control and Tenant Protections Ordinance (City Code, Chapter 6, Article VII, including §§ 6-234 and 6-236) was approved by voters in November 2020, took effect January 1, 2021, and was amended by the voters in 2022. Per the City of Portland's official rent control page and Pine Tree Legal Assistance's Portland guide (updated February 2025), it does not apply to dormitories, hospitals, religious institutions, subsidized housing, units in buildings of 4 or fewer units where the landlord lives in the building, or accessory dwelling units.

• Base rent and allowable increase: base rent is the rent charged in June 2020. Under § 6-234(a), the allowable increase percentage is determined each September 1 and equals 70% of the change in the CPI-U for the Greater Boston metro area over the preceding 12 months (Bureau of Labor Statistics, published in August). The city's published figures: 2.2% for 2026 and 2.6% for 2027 (2027 reflects a 3.7% CPI-U advance, July 2025 to July 2026).
• One increase a year, 10% total, 90 days' notice: a covered unit's rent may rise only once in 12 months, never mid-lease, and the total increase may not exceed 10%. The landlord must give 90 days' written notice stating the landlord's signature, the date the tenancy began, the effective date, the amount, any remaining banked rent, and the reasons; a notice missing those contents is void. For a January 1, 2027 increase, the 90 days run out on Saturday, October 3, 2026. Permitted components are the city's allowable percentage, a tax-rate adjustment, a 5% increase on a new tenancy where the prior tenancy ended voluntarily, and banked rent; anything beyond that goes to the Rent Board, which hears complaints, mediates, and considers landlord requests including fair-return petitions.
• Portland's deposit cap is one month's rent — half the state cap — and Portland landlords may not charge application fees and must disclose their tenant-selection criteria.
• No-cause terminations (§ 6-236 as amended): a tenant at will, a tenant whose lease is expiring, and a holdover tenant get 90 days' notice, reducible only by paying for the shorter period: 60 days plus one month's rent, or 30 days plus two months' rent. The previous version of this page stated flat payments of $500 and $1,000 — the 2020 ordinance's original figures, no longer the rule; the current buy-down is measured in months of rent, as Pine Tree Legal Assistance and current Portland summaries confirm. For-cause terminations under § 6002(1) remain on the state 7-day clock.
• Portland bans source-of-income discrimination by ordinance: it prohibits discrimination on the basis of funding (such as Section 8 or General Assistance); a Portland landlord may not refuse to rent because an applicant has a voucher such as Section 8 or BRAP. Enforcement is by complaint to the Portland Rent Board, not as a Maine Human Rights Commission complaint under the city rule — a different track from the state protection below.
• South Portland's narrower ordinance: per the city's published Q&A, its rent stabilization ordinance (applicability date May 27, 2023) imposes an annual 10% rent cap, exempts owners and affiliates owning fewer than 16 units and units built after May 27, 2023 (among others), and has required 90 days' written notice of increases since January 1, 2023; a violation gives the tenant an affirmative defense in an FED action.

How does eviction work in Maine, and why is self-help illegal?

Self-help is banned: an eviction effected without court process — willfully interrupting utility service, seizing or denying access to the premises, or seizing the tenant's property — is illegal, and on a court finding the tenant recovers actual damages or $250, whichever is greater, plus the costs and expenses of the action and attorney's fees (§ 6014(1)–(2)). You file a forcible entry and detainer (FED) action instead.

• The 7-day causes (§ 6002(1)): termination on 7 days' written notice where the landlord shows by affirmative proof: (A) substantial damage by the tenant, family, or an invitee, not repaired before the notice; (B) nuisance, causing or permitting an invitee to make the unit unfit, or violating the law regarding the tenancy; (C) rent 7 days or more in arrears; (D) the tenant is a perpetrator of domestic violence, sexual assault, or stalking and the victim is also a tenant; (E) violence, a threat of violence, or sexual assault by the tenant or a guest or invitee against another tenant, a guest, the landlord, or the landlord's employee or agent (with a carve-out for a victim who took reasonable protective action); or (F) the occupant is not an authorized occupant. The notice must state the specific ground (§ 6002(2)); a nonpayment notice must state the amount 7 or more days in arrears and carry the statutory reinstatement language, though an unintentional, immaterial clerical error does not invalidate it. A lease with no termination provision for material breach uses the same route (§ 6001(1-B)(A)).
• The cure runs to the writ: full payment before the 7-day notice expires voids it, and paying all arrears, all rent due as of the payment date, and the landlord's actual filing and service fees before the writ of possession issues reinstates the tenancy — no writ may then issue (§§ 6002(1), 6005). General Assistance payment or written assurance counts as cash.
• At-will termination: 30 days (§ 6002). Either party may terminate on a minimum of 30 days' written notice, except under the 7-day causes and § 6002(4). If rent is prepaid beyond the expiry, the notice must expire on or after the paid-through date. A 30-day and a 7-day notice may be combined. Every § 6002 notice must advise the tenant of the right to contest the termination in court: omitting that language is not grounds to dismiss the FED action, but it is sufficient grounds to set aside a default judgment entered when the tenant does not appear.
• Victims may terminate early (§ 6002(4); § 6001(6)): a victim of domestic violence, sexual assault, or stalking may terminate an at-will tenancy or a lease under one year on 7 days' written notice, and a lease of one year or more on 30 days' written notice, with the documentation in § 6001(6)(H), owing no rent beyond the later of notice expiry or vacating. A victim may not be evicted based on the incident itself treated as a nuisance, disturbance, or property damage (§ 6001(6)(A)).
• Retaliation presumption (§ 6001(3)): an FED action is presumed retaliatory if, within 6 months before it began, the tenant asserted rights under §§ 6015, 6016, 6021, 6030-D, 6030-I, or 6030-J; complained in good faith to an enforcement body about code conditions (or such a body filed a notice or complaint); complained or requested repairs in writing in good faith; filed a fair housing complaint with a reasonable basis with the Maine Human Rights Commission or HUD before being served with an eviction notice; gave notice that the tenant or the tenant's minor child is a victim; or communicated about or complained of sexual harassment by the landlord or the landlord's agent. No writ may issue unless the presumption is rebutted. It does not apply to actions for a § 6002(1) reason or a lease violation — unless the tenant asserted a § 6026 right. Separately, no writ may issue at all where the tenant proves retaliation for membership in a tenants' organization (§ 6001(4)).
• Two plain-language form notices: since January 1, 2024, attach the judicial branch's form notice to every notice to terminate tenancy (§ 6001(7)); and attach to the summons and complaint served on a residential defendant the judicial branch's one- to two-page plain-language form notice describing the court procedure, the risk of judgment on failure to appear, and rental assistance, legal, and housing counseling resources, with a mediation request form (§ 6004(2)).
• The court process (§§ 6003–6005): the District Court must hold the hearing as soon as practicable, no later than 10 days after the return day, absent a continuance for good cause; a defendant wanting a recorded hearing must file a written answer listing all known defenses by the return day (§ 6003). Service follows ordinary civil practice, with mailing plus posting after at least 3 good faith efforts on 3 different days (§ 6004(1)). On default or failure to show sufficient cause, judgment enters for the landlord and 7 calendar days later the court issues the writ of possession; a defendant served with the writ who does not leave within 48 hours is deemed a trespasser without right, and his goods are considered abandoned under § 6013 (§ 6005). A typical Maine eviction runs roughly 30–60 days — most of it the notice periods before filing.

Full process: how to evict a tenant. Draft notices carefully with our lease agreement guide.

How much notice is required to end a tenancy in Maine? (§ 6002)

• Month-to-month: 30 days' written notice by either party (§ 6002) — 90 days in Portland for a landlord's no-cause termination, subject to the paid buy-down.
• Fixed-term leases end on their own date; § 6001(1) permits an FED action at expiration or forfeiture of the term, without notice, if commenced within 7 days of that date. If the tenant stays and you accept rent, you have created a tenancy at will — which in Portland carries the 90-day no-cause rule.
• Mitigation (§ 6010-A): where a tenant unjustifiably moves out early and defaults, or is removed for nonpayment or another breach, the landlord recovers rent and damages except amounts that could have been mitigated — recovery is reduced by the net rent obtainable by reasonable efforts to re-rent, which the landlord must allege and prove; the tenant must prove any efforts, refusal of an offer, or re-rental terms were unreasonable. Re-renting listing and advertising expenses are recoverable in addition. See what to do when a tenant breaks the lease.
• Maine allows a landlord to require renters insurance — see the renters insurance requirement guide.

What does Maine's warranty of habitability require of landlords? (§ 6021)

• Implied warranty (§ 6021(2)–(3)): in any written or oral agreement the landlord is deemed to warrant the unit fit for human habitation. A tenant's court complaint requires a condition that endangers or materially impairs health or safety, not caused by the tenant or a person under the tenant's control, reported by written notice without unreasonable delay (actual notice to the person who customarily collects rent suffices), followed by the landlord unreasonably failing to take prompt, effective steps — and the tenant must have been current on rent when notice was given. Breach dates from actual notice.
• Court remedies (§ 6021(4)): injunctions ordering repairs; a fair value of use and occupancy determination from the notice date with a rebate of rent paid above it (contract rent is rebuttably presumed the fair value of a fit unit); authorization to temporarily vacate during repairs requiring vacancy, with no charge until return; and other necessary orders — but no consequential damages. The same findings support a rent deduction under § 6010 and an affirmative defense to a nonpayment FED under § 6002(3).
• Waiver is narrow (§ 6021(5)): only a written agreement accepting specified conditions in return for a stated rent reduction or other specified fair consideration binds; any other waiver of § 6021 rights is void.
• The heat rule (§ 6021(6)): breach occurs, where the landlord must provide heat, if the landlord maintains a temperature so low as to be injurious to health, if the facilities are not capable of maintaining at least 68°F at 3 feet from the exterior walls, 5 feet above floor level, at an outside temperature of −20°F, or if the facilities are not operated to protect building equipment from freezing. Municipalities may be more stringent; less restrictive local standards are invalid.
• Reduced-heat agreements (§ 6021(6-A)): only in a separate written document apart from the lease, clear and conspicuous, in plain English and at least 12-point type, signed by both parties; revocable by either party on reasonable notice; minimum not less than 62°F; and a fair and reasonable rent reduction stated. Such an agreement may not be entered into or maintained if a person over 65 or under 5 resides on the premises. A landlord is not liable where a tenant who controls the temperature turns it down while the landlord meets the 68°F capability standard, or where the tenant never disclosed a resident over 65 or under 5.
• New in 2025 — mold and moisture (§ 6021(6-B), Public Law 2025, chapter 515): it is now a breach of the warranty when a landlord offers for rent a unit in which there is a leaking event (a water leak from flooding or a system or structural failure — roof, window, door, plumbing, foundation, or appliance) or chronic moisture or humidity conditions outside the tenant's control resulting in growth of mold, bacteria, or other biological organisms. Municipalities may adopt stricter standards. The previous version of this page predated this subsection entirely.
• Repair-and-deduct (§ 6026): § 6026(1) bars maintaining any condition that endangers or materially impairs health or safety. If the reasonable cost of compliance is less than $500 or half a month's rent, whichever is greater, the tenant notifies the landlord in writing of the intention to correct the condition at the landlord's expense; if the landlord does not comply within 14 days after notice in writing by certified mail, return receipt requested — or as promptly as an emergency requires — the tenant may have the work done with due professional care and the same quality of materials. Electrical, oil burner, and plumbing installation and servicing must be by a professional licensed under Title 32. On an itemized statement the tenant deducts the actual, reasonable cost up to the cap (§ 6026(2)) — on $1,500 rent, $750, not $500. The track is barred for tenant-caused damage, unreasonable denial of access, or extreme weather (§ 6026(3)); the tenant's or family members' own labor is not reimbursable, though parts and materials are (§ 6026(4)); heating fuel purchased after a § 6021(6) failure counts as a cost of compliance (§ 6026(9)). Two limits summaries miss: § 6026 does not apply in a structure of 5 or fewer units, one occupied by the landlord (§ 6026(8)), and in buildings under a pending foreclosure action or judgment the cap lifts to 2 months' rent (§ 6026(10)).
• Bedbugs (§ 6021-A): on written or oral notice of a possible infestation, inspect within 5 days; on finding one, contact a pest control agent within 10 days and treat with an insured, certified agent. Disclosure duties are below.
• Retaliation is prohibited — see the 6-month presumption above. Give every tenant a written repair channel at move-in and date-stamp every report: how to handle maintenance requests.

How much notice must a Maine landlord give before entering? (§ 6025)

• 24 hours is the working rule (§ 6025(2)): except in an emergency or where notice is impracticable, give reasonable notice and enter only at reasonable times; 24 hours is presumed reasonable absent evidence to the contrary. An emergency in which an animal's welfare is at risk (§ 6025-A) also permits entry without 24 hours' notice.
• The tenant's side (§ 6025(1)): a tenant may not unreasonably withhold consent to entry for inspection, necessary or agreed repairs, alterations or improvements, agreed services, or showing the unit to prospective purchasers, mortgagees, tenants, workers, or contractors. A tenant may not change the lock without notice to the landlord and a duplicate key within 48 hours; a victim (§ 6000(4)) may change locks at the victim's expense, providing a duplicate key within 72 hours.
• The remedy — corrected (§ 6025(3)): for an unlawful entry, a lawful entry made unreasonably, or harassing repeated demands, the tenant may recover actual damages or $250, whichever is greater, plus injunctive relief and, after a contested hearing and judgment, reasonable attorney's fees. The previous version stated $100; the current text of § 6025(3) (as amended by Public Law 2025, chapter 767) says $250 — the same floor as § 6014. If a tenant changes a lock and refuses a duplicate key, the landlord may terminate on a 7-day notice; in an emergency the landlord may enter by any reasonable means necessary and charge the reasonable cost of resulting damage. Waivers of § 6025 rights are void (§ 6025(4)). Log every entry: date, notice method, reason, times.

Discrimination

The federal Fair Housing Act applies in full, and the Maine Human Rights Act (5 M.R.S. § 4581) declares the opportunity to secure housing without discrimination a civil right. The classes § 4581 names: race, color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin, and familial status — plus protection because an individual has sought and received an order of protection under Title 19-A (former § 4007, § 4110, or a substantially similar law). Section 4581 was amended by Public Law 2025, chapter 269, also reflected in § 4581-A(1)–(3).

• Public assistance: the real rule, and the correction (§ 4581-A(4)). Since 2011, § 4581-A(4) has made it unlawful for any person furnishing rental premises or public accommodations to refuse to rent or impose different terms of tenancy on a recipient of federal, state, or local public assistance, including medical assistance and housing subsidies, primarily because of the individual's status as recipient. Note the limits: the test is "primarily because of" that status — not a general ban on considering the source or reliability of income — and the protection sits in § 4581-A(4), not in the § 4581 class list. The previous version said "2025 legislation (LD 251, LD 1036) has been pushing to strengthen source-of-income protections" — wrong on both bills, and removed. LD 251 was an unrelated public-utility confidentiality bill (Public Law 2025, chapter 99); LD 1036, which would have made receipt of public assistance a discrimination ground in the same manner as the other classes, died in June 2025; and the broader LD 521 (2025) died in April 2025. Our Section 8 landlord guide covers working with voucher programs.
• Portland's rule is distinct — keep the regimes separate. Portland's ordinance prohibits discrimination on the basis of funding (such as Section 8 or General Assistance) outright, enforced through the Portland Rent Board; the city rule itself is not a Maine Human Rights Commission complaint. Do not cite § 4581-A(4) for a Portland refusal, and do not cite the Portland ordinance outside Portland.
• Reasonable accommodation is an eviction defense: failure to accommodate under Title 5, chapter 337 or the federal Fair Housing Act is an affirmative defense in an FED action; the court must deny possession where the landlord had a duty to accommodate, failed, and a causal link ties the request to the conduct at issue (§ 6001(5)).

Apply identical written criteria to every applicant and document decisions. Our fair housing guide and tenant screening services comparison cover compliant screening.

Mandatory disclosures

• Smoking policy (§ 6030-E): before a tenant signs or pays a deposit, provide a written disclosure stating whether smoking is prohibited, allowed on the entire premises, or allowed in limited areas (identifying them) — in the lease or a separate written notice — and obtain the tenant's written acknowledgment. A tenant may not sue solely because the disclosure was not provided (§ 6030-E(4)).
• Radon (§ 6030-D): test when a tenant requests it (baseline duty from March 1, 2014, repeating every 10 years unless a mitigation system is installed; post-2014 buildings within 12 months of first occupancy), using a DHHS-registered tester. Within 30 days of receiving results — or before a new tenant signs or pays a deposit — give the DHHS-prescribed written notice: presence of radon, date and results of the most recent test, whether mitigation was performed, the tenant's right to test, and radon risks. Violation is a civil violation with a fine of not more than $250 per violation (§ 6030-D(2), (4)).
• Bedbugs (§ 6021-A(2)(D)–(E)): before renting, disclose whether adjacent units are currently infested or being treated; on request, disclose the last date the unit or an adjacent unit was inspected and found free of bedbugs. Never offer a unit you know or suspect is infested.
• Energy efficiency (§ 6030-C): provide the residential energy efficiency disclosure statement under Title 35-A, § 10117(1), signed by both parties before the tenant signs or pays a deposit and retained at least 3 years — or use the statutory alternative application statement naming each prior supplier. A tenant who will pay utility costs may also obtain the prior 12 months' consumption and cost from the supplier.
• Common-area utilities (§ 6024): a tenant may not be made solely responsible for heat, electricity, or another utility for common areas or areas outside the unit unless both parties agree in writing to payment in return for a stated rent reduction or other specified fair consideration approximating actual cost. Violation: actual damages or $250, whichever is greater, plus fees and costs, with a rebuttable presumption the landlord knew.
• Deposit account (§ 6038(1)): disclose the institution name and account number on the tenant's request.
• Lead paint: for pre-1978 housing the federal disclosure at 42 U.S.C. § 4852d applies (known hazards, pamphlet, acknowledgments). Maine adds § 6030-B(3): before repair, renovation, or remodeling that may disturb a lead-painted surface in a pre-1978 building, give notice of the activity and lead risk at least 30 days ahead by posting a sign on the building's exterior entry doors and certified mail to every unit, unless the exact shorter-notice waiver procedure in § 6030-B(3)(B)–(C) is followed.

A 10-step Maine compliance checklist

1. Lease states the § 6033(2)(A) deposit period (30 days maximum) and the § 6028 late-fee disclosure in writing at signing; no § 6030-prohibited clause.

2. No application fee; screening charges only the actual cost of one check, with the copy right disclosed first and the complete copy delivered (§ 6030-H).

3. Move-in collection stays within § 6022-A: first full month + § 6032 deposit (one month in Portland) + disclosed mandatory recurring fees.

4. Signed disclosure packet delivered: total price (§ 6030-J), smoking with acknowledgment (§ 6030-E), radon (§ 6030-D), energy (§ 6030-C), bedbugs (§ 6021-A), federal lead for pre-1978 units.

5. Deposits escrowed uncommingled, beyond creditors' reach; institution and account number recorded for disclosure on request (§ 6038).

6. Entry only on 24 hours' notice at reasonable times, emergencies excepted, with a log (§ 6025).

7. Written repair channel with date-stamped reports; § 6021 conditions fixed promptly; § 6026 certified-mail clock watched; no increase while a § 6016 violation stands.

8. Increases calendared: 45 days, 75 days at 10% or more counting stacked increases, 90 days plus the allowable percentage in Portland (§ 6015; Portland § 6-234).

9. Termination notices exact: 30 days at will (90 in Portland or the paid buy-down), 7 days only on a stated § 6002(1) ground, right-to-contest language and the § 6001(7) form attached.

10. Move-out statement and balance mailed to the last known address inside the § 6033 clock; if missed, the whole deposit returned inside the tenant's 7-day § 6034 window.

Frequently asked questions

How much security deposit can a Maine landlord charge?

Two months' rent under § 6032. Portland caps deposits at one month's rent by ordinance, and a mobile home park lot lessor may require up to 3 months' rent under 10 M.R.S. § 9098(1), with its own 21-day return rule and interest duty. Check a planned deposit against Maine's two-month cap with the Security Deposit Max Checker, which returns a compliant or over-the-limit verdict for the amount and state you enter.

How long does a Maine landlord have to return a security deposit?

Under a written agreement, within the time stated in the agreement, not to exceed 30 days (§ 6033(2)(A)). At will, within 21 days after termination or surrender and acceptance, whichever occurs later (§ 6033(2)(B)). Any retention needs a written itemized statement with payment of the balance; nothing may be retained for normal wear and tear. Run every Maine move-out through our Security Deposit Deadline Finder to calendar the clock that applies to your tenancy — the agreement-stated deadline capped at 30 days, or the 21-day at-will clock.

What happens if a Maine landlord misses the deposit deadline?

The landlord forfeits the right to withhold any portion (§ 6033(3)). If the tenant gives notice of intention to sue at least 7 days before filing and the landlord does not return the entire deposit within that period, wrongful retention is presumed and the landlord is liable for double the portion wrongfully withheld plus attorney's fees and court costs, with the burden of proof on the landlord (§ 6034).

When can a Maine landlord charge a late fee, and how much?

Only when rent is 15 days or more past due, capped at 4% of the amount due for one month, and only if written notice was given at the time the agreement was made that a penalty of up to 4% may be charged (§ 6028). On $1,500 rent the maximum is $60.

How much notice is required for a rent increase in Maine?

At least 45 days' written notice, and at least 75 days if the increase is 10% or more, including where increases within 12 months add up to 10% or more (§ 6015). Waivers are void. In Portland, covered units take 90 days' notice, one increase per 12 months, and a 10% total ceiling built from the city's allowable percentage (2.2% for 2026, 2.6% for 2027) plus permitted tax, turnover, and banked components.

How much notice ends a Maine month-to-month tenancy?

30 days' written notice by either party under § 6002, expiring on or after any prepaid-through date. In Portland, a landlord's no-cause notice must be 90 days, reducible to 60 days with one month's rent or 30 days with two months' rent. For-cause terminations stay on the 7-day track of § 6002(1).

Can a Maine tenant get out of a 7-day nonpayment notice by paying?

Yes, twice over. Paying the full amount due before the notice expires voids it. Even after filing, paying all arrears, all rent due as of the payment date, and the landlord's actual filing and service fees before the writ of possession issues reinstates the tenancy (§§ 6002(1), 6005). General Assistance payment or written assurance counts as payment. To run these same dates for your own case — the 7-day notice under § 6002(1), the District Court hearing no later than 10 days after the return day under § 6003, and the writ of possession issuing 7 calendar days after judgment under § 6005 — use the Eviction Timeline Calculator.

What heat must a Maine landlord provide?

Where the landlord is responsible for heat, the system must be capable of maintaining at least 68°F, measured 3 feet from exterior walls and 5 feet above the floor, at −20°F outside (§ 6021(6)). A separate signed agreement may set a lower floor — never below 62°F, with a fair rent reduction — but it is void if a person over 65 or under 5 resides on the premises (§ 6021(6-A)).

Can a Maine tenant repair and deduct?

Yes, under § 6026, for a health-or-safety condition, where the reasonable cost is under $500 or half a month's rent, whichever is greater. The tenant must give written notice of intent by certified mail, return receipt requested, and wait 14 days (less in an emergency); electrical, oil burner, and plumbing work must be by a Title 32 licensed professional. The track does not apply in an owner-occupied structure of 5 or fewer units (§ 6026(8)).

How much notice must a Maine landlord give before entering?

Reasonable notice at reasonable times — 24 hours is presumed reasonable — except in an emergency or where notice is impracticable (§ 6025(2)). Violations expose the landlord to actual damages or $250, whichever is greater, plus injunctive relief and, after a contested hearing, attorney's fees (§ 6025(3)).

Does Maine law prohibit source-of-income discrimination?

In a narrower form than many summaries claim. Under 5 M.R.S. § 4581-A(4), a person furnishing rental premises may not refuse to rent or impose different terms on a recipient of federal, state, or local public assistance — including housing subsidies — primarily because of that status (in force since 2011). Portland's ordinance goes further, prohibiting discrimination based on funding such as Section 8 or General Assistance, enforced through the Rent Board. Bills broadening the state rule (LD 1036, LD 521 in 2025) were not enacted.

The bottom line

Maine is the New England state where precision pays most: a two-month deposit cap in a separate, creditor-proof account, agreement-stated / 21-day return clocks with forfeiture for a miss and a 2x penalty behind a 7-day pre-suit notice, a 15-day grace period and 4% late-fee cap that exist only if disclosed at signing, 45/75-day rent-increase notices covering mandatory recurring fees, a move-in money cap and signed total price disclosure in force since January 1, 2025, 7-day eviction notices with a cure that runs until the writ, and 24-hour entry notice backed by a $250 remedy. Portland adds one-month deposits, 90-day notices, a 10% all-in ceiling, and a no-cause buy-down priced in months of rent; South Portland adds a narrower 10% cap of its own — so know your city. The tenant-protection trend here is enacted law, not pending bills. Your winning play is boring compliance done early: written repair channels, signed disclosure packets, disclosed late-fee policies, and notices calendared in days, not weeks.

Primary sources

• Section 6032 (Maine Legislature) — deposit cap: 2 months' rent.
• Section 6033 (Maine Legislature) — return clocks and forfeiture.
• Section 6034 (Maine Legislature) — wrongful retention: presumption, double damages, burden.
• Section 6038 (Maine Legislature) — separate account; $500 / one month's rent remedy.
• Section 6015 (Justia) — increase notices: 45 / 75 days.
• Section 6028 (Maine Legislature) — late fees: 15 days, 4% cap.
• Section 6021 (Maine Legislature) — habitability, heat, 2025 mold subsection.
• Section 6026 (Maine Legislature) — repair-and-deduct.
• Section 6025 (Maine Legislature) — entry: 24-hour notice, $250 remedy.
• Section 6002 (Maine Legislature) — 30-day and 7-day terminations, cure, reinstatement.
• Section 6001 (Maine Legislature) — retaliation presumption, victims, termination-notice form.
• Section 6004 (Maine Legislature) — service; plain-language form notice.
• Section 4581-A (Maine Legislature) — unlawful housing discrimination; subsection 4, public assistance.
• Rent Control and Rental Housing Rights (City of Portland) — ordinance overview, § 6-234(a) formula, allowable percentages (2.2% for 2026, 2.6% for 2027).
• Portland Maine Landlord Tenant Rules (Pine Tree Legal Assistance) — Portland overlay in plain language, updated February 2025.

More landlord-tenant law guides

• Landlord-tenant law by state
• Louisiana landlord-tenant law
• Maryland landlord-tenant law
• Kentucky landlord-tenant law
• Massachusetts landlord-tenant law

This is general information, not legal advice. Consult a Maine landlord-tenant attorney for specific situations.