Maine words its custody requirement more strongly than almost any other state: the deposit must sit beyond the claim of the landlord's creditors. That is a solvency protection, not just a bookkeeping instruction.

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Maine rules that apply here
Most states require deposits held separately and uncommingled. Maine goes further by putting the funds beyond the claim of the landlord's creditors or any other person or entity. The practical implication is that the account structure has to survive a scenario the landlord is not planning for, which means it cannot be an ordinary business account that happens to be used only for deposits, and it cannot be pledged or offset against anything.
That has a direct consequence for financing. Owners who have granted a lender broad security over business accounts need to know whether the deposit account sits inside that security, because if it does the arrangement does not meet the requirement. This is one of the few deposit rules that interacts with the owner's lending rather than only with the tenancy.
The return deadline varies by tenancy type: 30 days after the end of a written lease, and 21 days for a tenancy at will, unless a written agreement provides otherwise. So the same portfolio can carry two deadlines depending on how each unit is let, and at-will arrangements, which are common at the informal end of the market, carry the shorter one.
Maine caps the deposit at two months' rent and sets the return deadline by TENANCY TYPE: 30 days after a written lease ends, but 21 days for a tenancy at will, unless a written agreement provides otherwise. Missing either forfeits the right to retain any portion, and continued retention supports a presumption of wrongful retention with double damages and fees.
Maine words custody more strongly than almost anywhere: the deposit must be held separately, not commingled, and BEYOND THE CLAIM OF THE LANDLORD'S CREDITORS or any other person or entity. That is a solvency protection rather than a bookkeeping instruction, and it means the account cannot be an ordinary business account used only for deposits, nor pledged or subject to offset. It is one of the few deposit rules that interacts with the owner's LENDING rather than only with the tenancy.
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That the deposit account has to survive a scenario the landlord is not planning for. It cannot be an ordinary business account used only for deposits, and it cannot be pledged or subject to offset.
It can. If a lender holds broad security over business accounts and the deposit account sits inside it, the arrangement does not meet the requirement. This is one of the few deposit rules that touches the owner's financing.
Thirty days after a written lease ends, or 21 days for a tenancy at will, unless a written agreement says otherwise. A portfolio with both carries two deadlines.
Other Maine markets, the platforms we work in, and the functions available on their own.
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