Free Maine Room Rental Agreement Template

A Maine room rental agreement sets the terms for renting one bedroom in a shared home. Maine’s security deposit rules sit in Chapter 710-A of Title 14 of the Maine Revised Statutes.

Before applying any of those rules, though, there is a threshold question that Maine answers directly and most states do not.

Often they do not. Chapter 710-A expressly does not apply to any tenancy for a dwelling unit which is part of a structure containing no more than five dwelling units, one of which is occupied by the landlord.

A homeowner renting a spare bedroom in the house they live in will frequently fall inside that exemption. Where it applies, the deposit cap, the return deadlines, and the double-damages penalty described below are not the governing rules, and the agreement between the two of you does far more of the work.

That cuts both ways. A tenant renting a room from a resident owner should not assume the statutory protections are there, and an owner in that position should not assume the absence of rules means the absence of obligations. Whether a particular house counts as one structure with five or fewer dwelling units is a question about that property, so it is worth confirming rather than guessing.

Chapter 710-A also exempts deposits held by a lessor who is the mortgagor under a mortgage guaranteed by the United States, where the chapter conflicts with the mortgage terms.

Where the exemption does not cover the arrangement, a Maine room rental agreement runs on a clear set of rules.

The Deposit Is Capped at Two Months

A lease or tenancy at will agreement for a dwelling intended for human habitation may not require a security deposit equivalent to more than two months’ rent. A security deposit means any advance or deposit, whatever it is called, whose primary function is to secure performance of the agreement.

Two Different Return Deadlines

Under a written rental agreement the landlord must return the full deposit, or provide a written statement itemizing the reasons for retaining it, within the time stated in the agreement, which may not exceed 30 days. Under a tenancy at will the period is 21 days after termination or after surrender and acceptance of the premises, whichever occurs later. Any itemized statement must come with full payment of the difference. A landlord who misses the deadline forfeits the right to withhold any portion.

Normal Wear and Tear Is Defined

The deposit may not be retained to pay for normal wear and tear, which the statute defines as deterioration based on the intended use of the unit, without negligence, carelessness, accident, or abuse by the tenant, their household, or their guests. It does not cover removing articles the tenant abandoned, such as trash. Permitted reasons for retention include storing and disposing of unclaimed property, unpaid rent, and unpaid utility charges the tenant had to pay the landlord directly.

The Deposit Is Held Apart

A deposit may not be treated as an asset commingled with the landlord’s own, and must be held in a bank or other financial institution on terms that put it beyond the claims of the landlord’s creditors. On a tenant’s request, the landlord must disclose the institution’s name and the account number.

Tip: A tenant who is not repaid must give the landlord at least seven days’ notice of an intention to sue. If the whole deposit is not returned within those seven days, wrongful retention is presumed, and wrongful retention makes a landlord liable for double the amount withheld plus reasonable attorney’s fees and court costs, with the landlord carrying the burden of proving the withholding was not wrongful. These figures are statutory and can change, so confirm the current text before relying on them.

For a Maine room rental agreement, the clauses worth adding are:

• Whether the arrangement is a written agreement or a tenancy at will, since the deadlines differ
• The deposit amount and the date it must be returned by
• A dated record of the room’s condition at move-in
• Which utility charges the tenant pays the landlord directly
• Guest rules, quiet hours, and how shared spaces are kept

Note that any provision waiving a Chapter 710-A protection for the tenant’s benefit, oral or written, is against public policy and void where the chapter applies.