Maine defines real estate brokerage as services calculated to result in a transfer of an interest in real estate, and the listed activities cover purchases, sales and exchanges, not rentals. Confirm with the Commission before leasing for others, because the statute does not expressly exclude leasing.
ME · Researched October 7, 2026
Maine rules for property managers
Maine caps deposits at two months' rent and late fees at 4 percent, requires deposits to sit in an escrow account beyond the landlord's creditors, and bans application fees except the actual cost of one screening. Rent or recurring fee increases need 45 days' written notice, or 75 days for increases of 10 percent or more. Maine's license law covers sales, purchases and exchanges, so a real estate license does not appear to be required to manage rentals for others.
Licensing to manage rentals in Maine
Secondary sourceOwners and lessors and their regular employees, attorneys, licensed auctioneers calling bids, and time-share sales are excluded from brokerage.
Landlords, including managers acting for them, must keep tenant deposits in an escrow account beyond the reach of the landlord's creditors under 14 M.R.S. 6038. Licensee trust account rules were not reviewed.
Money
At lease signing you also cannot collect more than the first full month's rent, the deposit, and any properly disclosed mandatory recurring fee. Owner-occupied buildings with 5 or fewer units are exempt from the deposit chapter.
Return the full deposit or send an itemized written statement with the balance. You cannot deduct for normal wear and tear. Missing the deadline forfeits the right to withhold anything. Wrongful retention costs double the amount withheld plus attorney fees, and you carry the burden of proof. Mailing to the last known address counts as compliance.
Deposits may not be commingled with the landlord's assets. One escrow account for all tenants is allowed. On request, tell the tenant the institution and account number. A violation costs the greater of actual damages, $500, or one month's rent, plus costs and possibly attorney fees.
You must disclose in writing at lease signing that a late fee of up to 4 percent may be charged.
You may charge the actual cost of one background check, credit check or other screening, once per 12 months per applicant. Before charging, tell the applicant you must give them a full copy of the report, and then do so.
The 45-day rule also covers mandatory recurring fees. Several increases within 12 months that add up to 10 percent trigger the 75-day rule. Certain subsidized and deed-restricted affordable housing is exempt from the 75-day rule. You cannot raise rent while the unit violates the warranty of habitability, unless the tenant caused it.
Maine does not preempt local rent control. Portland has a rent stabilization ordinance.
Notices and eviction
Full payment before the 7-day notice expires voids it. In tenancies at will, the tenant can still reinstate before the writ issues by paying all arrears, current rent and your filing and service costs. Notices must tell the tenant of the right to contest in court. After 3 good-faith attempts at in-hand service, you may mail and leave the notice at the unit.
The 7-day notice applies to substantial damage, nuisance or unfit conditions caused by the tenant, violence or threats, domestic violence against another tenant, refusing a key after changing locks, or unauthorized occupants. Fixed-term leases follow the lease's breach terms.
If rent is paid past the 30 days, the notice must run until the paid-through date. The notice must say the tenant can contest the termination in court. A 30-day notice and a 7-day notice can be combined.
File forcible entry and detainer in District Court and attach the judicial branch's tenant information form to the summons. Either side can request mediation. The writ issues 7 calendar days after judgment and is served by a sheriff or constable. A tenant still present 48 hours after service is a trespasser and remaining property is treated as abandoned.
Mail notice (with an itemized list if the tenant has left) of intent to dispose. If the tenant claims within 7 days, release it without charging arrears as long as they retrieve it by day 14. Unclaimed property may be held for payment, sold at fair market value (surplus goes to the State Treasurer), or discarded if worthless.
Access and condition
No notice is needed in an emergency, including an animal welfare emergency. Unlawful or harassing entry can cost actual damages or $100, whichever is greater, plus attorney fees. Tenants who change locks must give you a key within 48 hours.
After written notice, fix conditions that endanger health or safety within a reasonable time. Courts can order repairs and reduce rent back to the date of notice. Bedbug treatment rules apply. You cannot raise rent while the unit is in violation.
Before signing, give a signed written disclosure of total rent, mandatory and optional recurring fees, utility costs and other charges when any recurring fee applies. Provide the radon test results and notice, the residential energy efficiency disclosure (tenant signs; keep 3 years), and a written smoking policy acknowledgment. Pre-1978 buildings need the lead disclosure and 30 days' notice before renovation work. Tell applicants that screening reports will be shared with them.
Fair housing
Maine bars refusing to rent or setting different terms because someone receives public assistance, including housing subsidies such as vouchers. Inquiries about protected traits are also prohibited.
Recent and upcoming changes
Landlords may not charge application fees. They may charge only the actual cost of one background check, credit check or other screening, once per 12 months, and must give the applicant a full copy of the report.
Rent increases totaling 10 percent or more within 12 months need at least 75 days' written notice; smaller increases still need 45 days. Deed-restricted affordable and subsidized housing is exempt from the 75-day rule.
The 45-day notice now covers mandatory recurring fees, and move-in charges are capped at first month's rent, the deposit and properly disclosed mandatory fees. Optional recurring fees must be opt-in, and when any recurring fee applies a lease is unenforceable without a signed total price disclosure.
The Attorney General must post a model residential lease that complies with current law by December 1, 2025, and update it by December 1 of every odd-numbered year.
Starting January 1, 2030, a tenant who did not receive the signed energy efficiency disclosure may end the lease on 30 days' written notice. The landlord may not keep fees or the deposit for that termination, except for allowed deposit deductions.
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Maine directory
Sources
- Maine Revised Statutes, Title 14, chapter 709 Entry and Detainer
- Maine Revised Statutes, Title 14, chapter 710 Rental Property
- Maine Revised Statutes, Title 14, chapter 710-A Security Deposits
- Maine Revised Statutes, 5 M.R.S. 4581-A Unlawful housing discrimination
- Maine Revised Statutes, 32 M.R.S. 13001 and 13002 Real estate brokerage
- Maine Real Estate Commission
- P.L. 2023, c. 346 chaptered law (LD 691)
- LD 691 status page (131st)
- P.L. 2023, c. 388 chaptered law (LD 701)
- LD 701 status page (131st)
- P.L. 2023, c. 594 chaptered law (LD 1490)
- LD 1490 status page (131st)
- P.L. 2025, c. 426 chaptered law (LD 1750)
- LD 1750 status page (132nd)
- P.L. 2025, c. 411 chaptered law (LD 1471)
- LD 1471 status page (132nd)
- Laws of Maine 2023 preface (general effective dates, 131st)
- Laws of Maine 2025 preface (general effective dates, 132nd)
Compare with other states: security deposit limit, deposit return deadline, deposit interest and holding rules, late fees, application and screening fees, rent increase notice, rent control, notice for unpaid rent, notice for lease violations, ending a month-to-month, eviction timeline, abandoned property, landlord entry, repairs and habitability, required disclosures, state fair housing protections.