What clauses are legally required in every Maine lease agreement?
Every Maine lease should identify the landlord/agent and all adult tenants, the property, the rent and due date, and the term. Maine then requires a robust set of written disclosures (below) — energy, bedbug, radon, and smoking policy — several of which must be delivered before the lease or deposit. A lease that cannot be performed within one year must be in writing (33 M.R.S. § 51).
Maine security deposit rules — the two-month cap and 21/30-day return
14 M.R.S. §§ 6032–6033 govern deposits:
- Cap: no more than two months' rent.
- Return — written lease: within the time stated in the lease, not to exceed 30 days.
- Return — tenancy at will: within 21 days of termination or surrender.
- Itemization: a written statement itemizing the reasons for any retention, with the balance; failure to provide it forfeits the landlord's right to keep the deposit.
For a multi-state comparison, see security deposit rules every landlord must know.
Late fees and rent rules in Maine
Maine caps late fees at 4% of the amount due for one month, and rent is not late until it is 15 days past due (14 M.R.S. § 6028). The landlord must give written notice at the time of entering the lease that a penalty of up to 4% may be charged; without that notice, no late fee is valid.
Notice periods to end or not renew a Maine lease
Maine notice periods (14 M.R.S. § 6002):
| Situation | Notice |
|---|---|
| Terminate month-to-month / at-will tenancy (no cause) | 30 days |
| Nonpayment of rent (rent 7+ days in arrears) | 7-day notice |
A tenant can void a 7-day nonpayment notice by paying before it expires. Some municipalities (for example, Portland) impose longer local notice periods. Self-help eviction is unlawful.
What disclosures must Maine landlords provide?
Maine requires an unusually full disclosure set, several before the lease or deposit:
- Energy efficiency (§ 6030-C): a signed energy-efficiency disclosure for tenants who pay for energy, before the lease or deposit.
- Bedbugs (§ 6021-A): disclose whether adjacent units are infested or being treated, and, on request, the date the unit was last found free of bedbugs.
- Radon (§ 6030-D): test on the statutory schedule and give written notice of results (DHHS form); a result of 4.0 pCi/L or higher lets the tenant terminate within 30 days, and noncompliance carries a $250 civil penalty.
- Smoking policy (§ 6030-E): written notice of whether smoking is prohibited, allowed throughout, or limited to certain areas, with the tenant's written acknowledgment before the lease or deposit.
- Lead-based paint (federal): the disclosure and EPA pamphlet for pre-1978 housing.
What happens if a Maine lease is missing required terms?
Specific failures carry specific consequences:
- Missed 21/30-day return / no itemization: forfeits the landlord's right to keep the deposit (§ 6033).
- Late fee without the required notice or over 4%: unenforceable (§ 6028).
- Missing radon disclosure: a $250 civil penalty and a tenant termination right if levels are high (§ 6030-D).
Managing rentals in more than one state? Compare Maine's rules with our New Hampshire and Massachusetts lease requirement guides.
Full Maine disclosure checklist
For a dedicated, statute-by-statute rundown of every notice a Maine landlord must give at signing, see our Maine required lease disclosures checklist.
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Create your Maine lease agreement →Frequently asked questions
What is the maximum security deposit in Maine?
Two months' rent (14 M.R.S. § 6032). It must be returned with an itemized statement within 30 days (written lease) or 21 days (tenancy at will) (§ 6033).
How long does a Maine landlord have to return a security deposit?
Within the time stated in a written lease, not to exceed 30 days; for a tenancy at will, within 21 days of termination or surrender (14 M.R.S. § 6033).
What is the late-fee limit in Maine?
Four percent of the amount due for one month, chargeable only after rent is 15 days late, and only if the landlord gave written notice of the penalty at signing (14 M.R.S. § 6028).
What disclosures must a Maine landlord give?
Maine requires an energy-efficiency disclosure (§ 6030-C), a bedbug disclosure (§ 6021-A), a radon disclosure (§ 6030-D), and a smoking-policy disclosure (§ 6030-E), plus the federal lead-based paint disclosure for pre-1978 housing.
How much notice is required to end a month-to-month tenancy in Maine?
Thirty days (14 M.R.S. § 6002). Nonpayment of rent (7+ days in arrears) requires a separate 7-day notice.
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.