Short answer: In Maine, your landlord's policy doesn't cover your belongings or liability. Under 14 M.R.S. §6032, a security deposit can't exceed two months' rent. The landlord must return it, or give you a written itemized statement of reasons for keeping any part along with the balance. That's due within the time in a written lease, up to 30 days, or within 21 days for a tenancy at will. Normal wear and tear can't be deducted. Wrongful retention can cost the landlord double the amount withheld.
This guide is general information for Maine renters. It isn't legal advice, and local ordinances can add rules. Your lease and policy wording control.
Your landlord's policy covers the building, not your belongings or liability. A renters policy (HO-4) covers personal property, personal liability and loss of use; flood is generally excluded (see FloodSmart). Coverage basics: renters insurance. Roommates: whether renters insurance covers roommates. Liability: how much renters liability coverage you need.
Step 1: Deposit cap
Under 14 M.R.S. §6032, a lease or tenancy-at-will agreement may not require a deposit of more than two months' rent.
Step 2: The return deadline
Under 14 M.R.S. §6033:
- No deduction for normal wear and tear.
- With a written rental agreement, the deposit or a written itemized statement of reasons is due within the time stated in the agreement, not to exceed 30 days.
- For a tenancy at will, it's due within 21 days after the tenancy ends or the premises are surrendered and accepted, whichever is later.
- The statement must come with full payment of the difference between the deposit and the amount kept.
Step 3: Before you sue, and double damages
Under 14 M.R.S. §6034, if the landlord misses the deadline, you must give the landlord notice of your intention to sue at least 7 days before filing. Wrongful retention makes the landlord liable for double the amount wrongfully withheld, plus reasonable attorney's fees and court costs. In court, the landlord has the burden of proving the withholding wasn't wrongful.
Step 4: Winter and coastal storms
Frozen pipes, ice dams and coastal storms are common Maine losses. Renters insurance typically covers belongings for sudden water and wind damage. Flood and storm surge are generally excluded; see FloodSmart.
Questions? Contact Alishahi Insurance or call (877) 711-4545. See insurance in Maine.
Frequently asked questions
What's the maximum security deposit in Maine?
Two months' rent, under 14 M.R.S. §6032.
How long does a Maine landlord have to return my deposit?
Within the time in a written lease, up to 30 days, or within 21 days for a tenancy at will.
Do I have to warn my Maine landlord before suing over a deposit?
Yes. Give notice of your intent to sue at least 7 days before filing, under §6034.
What's the penalty for wrongful retention in Maine?
Double the amount wrongfully withheld, plus reasonable attorney's fees and court costs.
Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. This isn't legal, tax or financial advice or a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.