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Maine · 14 M.R.S. §§6035, 6038Maine tenant security deposits when you sell a rental: transfer at closing

Maine ties the deposit transfer to the closing itself. When a landlord's interest in a dwelling unit ends – by sale, assignment, death, a receivership or otherwise – whoever holds the deposits must either give the successor an accounting of each tenant's deposit, transfer the funds (or what remains after lawful deductions) to the successor and mail each tenant notice of the transfer, the transferee's name and address and a copy of the accounting, or return the funds to the tenant (14 M.R.S. §6035(1)). If the interest ends by sale, the accounting and transfer must occur no later than at the real estate closing, and the holder must give the successor written proof of the accounting and transfer at the closing. Once that's done the seller is released, and the buyer has all the rights and obligations of a landlord holding the deposits (§6035(2)); the new owner assumes responsibility for maintaining and returning the deposits accounted for and transferred (§6038(1)). Deposits must be kept in a bank or other financial institution account beyond the reach of the landlord's creditors – even a foreclosing mortgagee – and a violation entitles the tenant to actual damages, $500 or one month's rent, whichever is greatest, plus costs (§6038). The rules the buyer inherits: no more than two months' rent; return within the time in a written lease, up to 30 days, or 21 days for a tenancy at will, or forfeit the right to withhold; double damages for wrongful retention (§§6032–6034). The chapter doesn't apply to owner-occupied buildings of five or fewer units (§6037).

The rules

  1. 1. At the closing (§6035(1))

    Accounting and transfer no later than at closing; written proof to the buyer.

  2. 2. Notice to tenants (§6035(1)(A))

    By mail: the transfer, the buyer's name and address, a copy of the accounting.

  3. 3. Buyer assumes (§§6035(2), 6038(1))

    All landlord rights and obligations for the transferred deposits.

  4. 4. Exemption (§6037)

    Owner-occupied buildings of five or fewer units.

What the TC can do

  • Ask the seller for a deposit-by-deposit accounting well before closing.
  • Make sure the transfer and the written proof are on the closing agenda.
  • Confirm the seller mails each tenant the notice with the accounting after closing.

Questions about Maine deposits on a sale

When must deposits be transferred on a Maine rental sale?

No later than at the real estate closing, with written proof of the accounting and transfer given to the buyer at the closing (14 M.R.S. §6035(1)).

What notice do Maine tenants get when their building is sold?

A mailed notice of the transfer, the transferee's name and address and a copy of the accounting of their deposit (§6035(1)(A)).

How fast must a Maine landlord return a deposit?

Within the time in a written lease, not more than 30 days, or within 21 days for a tenancy at will (§6033).

Answer "Tenants stay" on the deal in ClosingCode and it adds the rent roll and deposit accounting document with this state's rule, the deposit-transfer step before closing and the tenant-notice step after.

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Source: Maine Revised Statutes, Title 14, §§6031–6038 (legislature.maine.gov, read October 26, 2026).

General information, not legal advice. Have a Maine attorney review the specific transfer. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.