First Month, Last Month, Rent Increases and Other Charges in Maine
Before you move in you may be asked for a deposit, the first and last month’s rent and fees. Here is how Maine treats each payment, what notice a rent or fee increase needs and what to get in writing.
Is the first month’s rent a security deposit?
No. A security deposit is money whose primary function is to secure performance of the lease (14 M.R.S. 6031(2)), and the first month’s rent is rent. Ask for a receipt that says which payment is which.
Can a landlord ask for the last month’s rent in advance?
The chapter does not address prepaid rent. A prepayment that the lease treats as security against your performance is a deposit and counts toward the two-month cap; one that is expressly rent for a stated month is a different thing. Get the purpose in writing and use the Maine security deposit limit calculator.
How much notice for a rent increase?
Rent or mandatory recurring fees may be increased only after at least 45 days’ written notice; an increase of 10% or more needs 75 days’ written notice, with exceptions for affordable and subsidized housing, and a waiver is void (14 M.R.S. 6015). A landlord that violates it is liable for the sums unlawfully obtained, with interest, and fees and costs.
What is a mandatory recurring fee?
A payment, other than rent, made on a predetermined recurring basis to fulfill requirements within the lease related to services or common areas; late fees, repair costs, utility costs and penalties are not included (14 M.R.S. 6000(1-A)). A new or increased fee of that kind needs the same 45 days’ notice.
Can the rent go up if the unit is unfit?
No. Rent may not be increased if the unit is in violation of the warranty of habitability, except where the tenant or the household caused the violation (14 M.R.S. 6016).
A pre-signing checklist
Ask for the total move-in cost in writing; ask what each line is for and which are refundable; add every payment held as security; get a receipt for each payment; and photograph the unit.
How common up-front payments are treated
| Payment | Treatment | Result |
|---|---|---|
| First month’s rent | Rent | Outside the deposit cap |
| Security deposit | Capped at two months | Separate account; 30 or 21 days |
| Pet deposit | Part of the deposit if it secures the lease | Same cap and return rules |
| Last month in advance | Not addressed; ask for the purpose in writing | Depends on the lease |
| Application fee | Not addressed in the deposit chapter | Ask for a receipt |
Why using the deposit as rent backfires
A tenant who skips the last month of rent expecting the deposit to cover it is in default, and the landlord may keep the deposit for nonpayment of rent, an actual cause the statute names. If you want the deposit applied to the last month, put the agreement in the lease, in writing, before you sign.
Keep every receipt
Ask for a written receipt for each payment, with what it is for, and keep it with the lease so you can show later what you paid and when. If the building is sold, the deposit and an accounting must transfer to the new owner, and your receipt is how you prove it.
If you are a small landlord
Check your lease form against three things before the next tenant signs: whether the total of deposits and any bond is within two months, whether the lease says where the deposit is held and whether any rent or fee increase gets the 45 or 75 days’ written notice.
Where to get help
Legal aid and the district court clerk can explain whether a charge is allowed. Bring the lease, every receipt and the landlord’s written request.
Frequently asked questions
Is the first month’s rent part of the deposit in Maine?
No. It is rent.
How much notice is required for a rent increase in Maine?
At least 45 days in writing, or 75 days for an increase of 10% or more.
Does the notice rule cover recurring fees?
Yes, a mandatory recurring fee needs the same notice.
Can the landlord raise rent if the unit is unfit?
No, unless the tenant caused the violation.
Is there a cap on application fees in Maine?
The deposit chapter does not address them.
Official sources
- 14 M.R.S. chapter 710-A: security deposits
- 14 M.R.S. 6015: notice of rent or mandatory recurring fee increase
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Maine statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Maine attorney.