Maine Tenant Screening Laws: What Landlords Can and Cannot Do
Maine caps deposits at two months, penalizes wrongful retention, and protects applicants who receive public assistance. The FCRA and fair housing law govern who you approve. Here is how to screen legally in 2026.
Tenant screening in Maine pairs a firm deposit statute with a fair housing law that protects applicants who receive public assistance. Maine’s security deposit chapter sets the limit and the penalties, while the federal Fair Credit Reporting Act governs every screening report and the Maine Human Rights Act governs who you may approve.
This guide covers what you may screen, the deposit rules, public-assistance protection, and adverse action. If you are new to the mechanics, our overview of how to screen tenants step by step pairs well with the Maine-specific points below.
Video: a plain-language walkthrough of Maine tenant screening, application fees, deposits, and adverse action.
Key Takeaways: Maine Tenant Screening Laws
- Application fees are prohibited. Under 14 MRS 6030-H a landlord may charge only the actual cost of one background check, credit check or other screening process, once per applicant in any twelve months – and must give the applicant a complete copy of the information obtained.
- Deposits are capped at two months’ rent under 14 MRS 6032, and must be held separate from the landlord’s own assets under 14 MRS 6038.
- Wrongful retention is costly. Under 14 MRS 6034 a landlord who wrongfully keeps the deposit owes double the amount wrongfully withheld plus costs and attorney’s fees – no bad-faith element required.
- Public assistance is protected. The Maine Human Rights Act bars rejecting an applicant because they receive public assistance, including housing subsidies.
What Maine Law Lets You Screen
Maine landlords may screen credit, rental and payment history, income, and criminal background with written authorization, and may decline applicants who fail objective written standards. Maine’s deposit statute sets the cost and handling rules around that screening, not the right to do it.
Apply your standards identically to every applicant, since Maine protects applicants who receive public assistance. Our guide to the minimum credit score for renting explains how to set a threshold that screens for risk without screening out a protected class.
Application Fees in Maine: Prohibited by 14 MRS 6030-H
Maine does not merely cap application fees – it prohibits them. 14 MRS 6030-H, enacted by PL 2023, c. 346, provides that except as the section allows, "a landlord may not require an applicant to pay a fee to submit an application to enter into an agreement for rental of a dwelling unit or require an applicant to pay a fee for the landlord to review or approve an application".
The exception is narrow. A landlord may require the applicant to pay the actual cost of only one of the following: a background check, a credit check, or a screening process other than those two. Three conditions ride with it. The landlord must provide the applicant with a complete copy of the information obtained. The landlord may not charge the fee at all unless the applicant was notified beforehand that the landlord is required by law to provide that copy. And the landlord may not charge an applicant more than one such fee in any twelve-month period.
Two practical consequences follow. A flat "application fee" that is not tied to the documented actual cost of one permitted check is unlawful whatever its size, and a landlord who runs both a credit check and a background check may recover the cost of only one of them.
Uneven fees, or fees collected without genuine screening, draw fair housing scrutiny even where no cap exists. Treat the fee as part of a documented, even-handed process.
The deposit carries real penalties
Maine caps the deposit at two months under 14 MRS 6032, requires it to be held apart from your own funds under 14 MRS 6038, and lets a tenant recover double the amount wrongfully withheld plus fees and costs under 14 MRS 6034 – with no bad-faith element to prove and the burden of proof on the landlord. The deposit is the part of Maine screening with teeth.
Security Deposits Under 14 MRS 6032
Maine limits the security deposit to two months’ rent. The landlord must hold the deposit separate from personal assets, and after the tenancy ends must return it with a written statement of any deductions, generally within thirty days for a written lease and twenty-one days for a tenancy at will.
The penalty for getting it wrong is significant: under 14 MRS 6034 a landlord who wrongfully retains the deposit is liable for double the amount wrongfully withheld, plus court costs and reasonable attorney’s fees, with no bad-faith element and the burden of proof on the landlord. Missing the 14 MRS 6033 deadline forfeits the right to withhold any portion at all. Our deeper look at Maine security deposit laws covers permitted deductions and the holding rules.
Public Assistance Is a Protected Class
The Maine Human Rights Act protects applicants who receive public assistance, which functions as a source-of-income protection. A landlord generally cannot refuse to rent to, or refuse to consider, an applicant simply because their rent would be paid in whole or part with a Housing Choice Voucher or other public assistance.
You may still apply the same income, credit, and rental-history standards to a voucher holder that you apply to everyone else – the protected trait is the assistance, not the screening criteria. For the broader picture, see our Fair Housing Act guide for landlords.
Criminal History, Credit, and Eviction Records
A criminal record can be a lawful basis to decline in Maine, but a blanket no-record policy is the most common fair housing trap. Do not cite HUD’s 2016 criminal-records guidance for that point: it was withdrawn effective September 25, 2025 by the Federal Register Notice of the Withdrawal of OGC Guidance Documents, Docket No. FR-6617-N-01, 91 FR 44867, and HUD has issued nothing to replace it. What carries the point instead is the Fair Housing Act itself, the Supreme Court’s decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, 576 U.S. 519 (2015), and HUD’s discriminatory-effects rule at 24 CFR section 100.500, reinstated effective May 1, 2023 – so a flat ban can still violate the federal Fair Housing Act even without intent, because conviction records fall unevenly across racial groups. Read section 100.500 for what it is: a burden-shifting litigation standard under which the landlord carries the burden of proving the practice necessary to a substantial, legitimate, nondiscriminatory interest that no less discriminatory practice would serve. It imposes no individualized-assessment step, no pre-denial notice and no waiting period – that step came from the withdrawn guidance, which never carried the force of law in the first place. An individualized assessment tied to the offense, how recent it is, and safety is therefore the strongest defensible practice and the evidence that defends the denial, not a federal command. Section 100.500 is also contested: HUD has proposed to remove it and reopened the comment period until October 9, 2026 (Docket No. FR-6540-P-01, 91 FR 1475, as supplemented by Docket No. FR-6540-P-02, 91 FR 51416). A proposal is not a rule, and nothing has changed yet.
Credit history and prior evictions are cleaner when your standard is objective and consistently applied. You can read how eviction filings arise on our Maine eviction notice laws page. Decide your criteria in advance and apply them the same way every time.
The FCRA: Consent and Adverse Action
On top of Maine’s rules, the federal Fair Credit Reporting Act governs every screening report. You need a permissible purpose and written authorization before ordering the report, and you must send an adverse action notice if the report drives a denial, a higher deposit, or a co-signer demand.
The notice must name the reporting agency, state that it did not make the decision, and explain the applicant’s right to a free copy and to dispute it. Our FCRA compliance guide and the companion walkthrough of the adverse action notice spell out the requirements.
Fair Housing Compliance for Maine Landlords
The Maine Human Rights Act adds public assistance to the protected classes, raising the stakes: uniform criteria, uniform application, and documentation showing you treated every applicant by the same yardstick, voucher holders included.
Publish your criteria before you advertise, screen every applicant against the identical standard, and keep the file. A consistent record is your strongest answer to any complaint.
A Compliant Maine Screening Process
Turn the rules into one repeatable sequence. First, publish objective criteria. Second, if you charge anything at all, charge only what 14 MRS 6030-H permits – the actual cost of one background check, credit check or other screening process, once per applicant in any twelve-month period – after telling the applicant you are required to give them a complete copy of the information obtained. Third, get written consent and order the report. Fourth, evaluate every applicant against the identical standard, including those who receive assistance. Fifth, if you decline based on a report, send the adverse action notice promptly – and hold and return the deposit as the statute requires.
Income verification still matters; our guide to verifying tenant income shows how to confirm ability to pay without singling anyone out. Run the same steps for every applicant and your file will tell a clean, consistent story.
Common Mistakes That Create Liability
The recurring Maine errors are charging an application fee that 14 MRS 6030-H prohibits, failing to give the applicant a copy of the screening information obtained, over-collecting on the two-month deposit, commingling it with personal funds, missing the return deadline, and rejecting an applicant because they receive public assistance. Wrongful retention triggers the double-damages penalty under 14 MRS 6034, and denying an applicant on a report without the FCRA notice rounds out the list.
One standard, every applicant. Maine bans application fees under 14 MRS 6030-H, caps the deposit, penalizes wrongful retention, and protects public assistance. Build the 6030-H fee rule, the two-month cap, the separate holding, the return deadline, and public-assistance compliance into your standard workflow.
Screening Applicants Who Receive Assistance in Maine
Because Maine protects applicants who receive public assistance, screening a voucher holder deserves its own routine. Count the voucher toward the applicant’s ability to pay, and apply any income-to-rent ratio to the portion of the rent the tenant actually pays rather than the full contract rent, since the subsidy covers the rest. Imposing a higher income multiple on a voucher holder than on a market-rate applicant is precisely the kind of rule that becomes a violation.
You may still verify identity, run credit and criminal screening on the same terms as everyone else, and confirm rental history. The protection bars treating the assistance as a disqualifier, not the legitimate, evenly applied criteria you use for every applicant. Document that an assisted applicant was screened against the identical standard, and the file defends itself.
Documentation and Recordkeeping in Maine
Maine’s penalties make your records the difference between compliance and exposure. For every applicant, keep the signed authorization, a dated copy of the written criteria, the screening results, and every adverse action notice, so the file shows you judged every applicant – assisted or not – against the same standard.
On the deposit, retain proof of the separate account where it was held, the written statement of deductions, dated move-in and move-out records, and repair invoices. Because 14 MRS 6034(3) puts the burden of proving the withholding was not wrongful on the landlord, and 14 MRS 6034(2) doubles whatever was wrongfully withheld, the file should document the basis for every retained amount.
Set one retention policy and apply it to every applicant, approved or denied. A consistent multi-year record of authorizations, criteria, screening results, adverse action notices, and deposit accountings is what answers a Maine Human Rights Commission inquiry or a deposit suit. The record of identical treatment is as important as any single decision in it.
Do
- ✓Publish your written screening criteria before you advertise, and apply them to every applicant.
- ✓Get written authorization before pulling any report, and keep the signed consent on file.
- ✓Send an FCRA adverse action notice on every denial that rests on a consumer report.
- ✓Assess any criminal record case by case, weighing the offense, how recent it is, and safety.
- ✓Handle the security deposit and its return exactly as the state statute requires, and document it.
Avoid
- ✕Charge an application fee at all, or charge more than the actual cost of one permitted screening check, or charge a second such fee inside twelve months – all prohibited by 14 MRS 6030-H.
- ✕Treat a permissive state as a lawless one – the FCRA and federal fair housing law always apply.
- ✕Apply a blanket ban on any criminal record, which risks a disparate-impact violation.
- ✕Improvise your standards applicant by applicant instead of following one written rubric.
- ✕Skip the deposit paperwork the statute requires, from itemization to any required notices.
Maine Tenant Screening Laws: FAQ
Can a Maine landlord run a background check on an applicant?
Yes. With written authorization you may obtain a consumer report covering credit, rental history, income, and criminal convictions. The federal Fair Credit Reporting Act requires a permissible purpose and consent before any screening report is pulled.
Can a Maine landlord charge an application fee?
No. 14 MRS 6030-H prohibits a landlord from requiring an applicant to pay a fee to submit an application, or a fee for the landlord to review or approve one. The only permitted charge is the actual cost of one of a background check, a credit check, or one other screening process; the landlord must give the applicant a complete copy of the information obtained, must have told the applicant beforehand that the law requires that copy, and may not charge more than one such fee to the same applicant in any twelve-month period.
What is the maximum security deposit in Maine?
Two months’ rent under 14 MRS 6032. The deposit must be held separate from the landlord’s own assets under 14 MRS 6038 and returned with a written statement of deductions – within the time the written lease states, which may not exceed thirty days, or within twenty-one days for a tenancy at will.
What happens if a Maine landlord wrongfully keeps the deposit?
Under 14 MRS 6034 a landlord who wrongfully retains the deposit is liable for double the amount wrongfully withheld, plus court costs and reasonable attorney’s fees. There is no bad-faith element, and the landlord carries the burden of proving the withholding was not wrongful.
Is source of income a protected class in Maine?
Maine protects applicants who receive public assistance, which functions like a source-of-income protection, so a landlord generally cannot reject an applicant simply because rent would be paid with a voucher or other public assistance.
Can a Maine landlord deny an applicant for a criminal record?
A conviction can be a lawful reason to decline, but a blanket ban is the risky part. Do not rely on HUD’s 2016 criminal-records guidance for that warning: it was withdrawn effective September 25, 2025 (Docket No. FR-6617-N-01, 91 FR 44867) and HUD has issued nothing to replace it. The exposure now runs through the Fair Housing Act and HUD’s discriminatory-effects rule at 24 CFR section 100.500, reinstated effective May 1, 2023, under which a landlord defending a flat no-record policy carries the burden of proving it necessary to a substantial, legitimate, nondiscriminatory interest that no less discriminatory practice would serve. Section 100.500 is a burden-shifting litigation standard and imposes no individualized-assessment step, no pre-denial notice and no waiting period – that idea came from the withdrawn guidance, which never carried the force of law in the first place. An individualized assessment tied to the offense, how recent it is, and safety is therefore prudent risk management and the evidence that defends the decision, not compliance with a federal requirement. HUD has proposed to remove section 100.500 and reopened the comment period until October 9, 2026 (Docket No. FR-6540-P-01, 91 FR 1475, as supplemented by Docket No. FR-6540-P-02, 91 FR 51416); a proposal is not a rule and the regulation is in force today.
Does a Maine landlord have to send an adverse action notice?
Yes. If a denial, a higher deposit, or a co-signer requirement rests in any part on a consumer report, the FCRA requires an adverse action notice naming the reporting agency and explaining the right to a free report and to dispute it.
Does Maine require deposits to be held separately?
Yes. 14 MRS 6038 requires the landlord to hold the security deposit separate from personal assets, in an account beyond the reach of the landlord’s creditors; a violation carries the greater of actual damages, five hundred dollars, or one month’s rent, plus costs and attorney’s fees. Wrongful failure to return the deposit is a separate exposure under 14 MRS 6034 – double the amount wrongfully withheld plus fees and costs.
How long should a Maine landlord keep tenant screening records?
Keep applications, signed authorizations, screening results, adverse action notices, and deposit accountings for every applicant – approved or denied – for several years. In Maine, a consistent retention policy is the evidence that you treated every applicant by the same standard if a fair housing or deposit dispute later arises.
When must a Maine landlord send the adverse action notice?
Send it promptly whenever a consumer report contributes to an adverse decision – a denial, a higher deposit, or a co-signer requirement. The FCRA notice must name the reporting agency, state that it did not make the decision, and tell the Maine applicant how to get a free copy of the report and dispute any error.
Related Maine and Screening Guides
- Tenant screening laws by state – compare Maine to the rest of the country.
- Maine security deposit laws – deductions, itemization, and the return deadline.
- Maine eviction notice laws – notice periods and the eviction timeline.
- Maine rent increase laws – notice rules for raising the rent.
- Maine late fee laws – what you can charge for late rent.
- How a tenant background check works – what a report includes.
- Maine habitability laws – your maintenance obligations as a landlord.
Screen Maine Applicants the Compliant Way
Order FCRA-ready credit, criminal, and eviction reports and keep your Maine process consistent from application to decision.
Published by Tenant Screening Background Check · Editorial Team
Established 2004. Our editorial team has spent two decades helping landlords and property managers run lawful, FCRA-compliant tenant screening across all 50 states. We translate state landlord-tenant codes and federal screening rules into processes you can actually follow.
Legal Disclaimer
This article is for general informational purposes only and is not legal advice. Maine and federal laws change, and how they apply depends on your specific facts. Before acting on any screening, fee, deposit, or fair housing question, consult a licensed attorney in Maine. Reading this page does not create an attorney-client relationship.
