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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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Like most states in the U.S., the relationship between landlords and tenants in Maine is governed by specific rights and responsibilities established under state law.
Below is an overview that highlights the key aspects of landlord-tenant rights and responsibilities in Maine.
Maine law guarantees several fundamental rights to tenants, including:
Tenants also have specific duties, which include:
Landlords in Maine have several rights, including:
Landlords must adhere to certain obligations, including:
Landlords must provide tenants with reasonable notice before entering an occupied property —reasonable notice is considered to be 24 hours. Notice requirements are waived in the case of emergencies (§6025(2)).
Landlords in Maine are allowed to charge a late fee if the rent is more than 15 days late. However, late fees for rent in Maine cannot exceed 4% of the monthly rent. This fee must be disclosed in writing at the time of the rental agreement. (§6028)
Maine does not implement statewide rent control; however, local municipalities, such as Portland and South Portland, have enacted their own rent control measures in response to rising housing costs. These local ordinances aim to stabilize rents and protect tenants from excessive increases.
For instance, Portland's rent control law limits annual rent increases to the lower of 100% of the Consumer Price Index (CPI) or 5%.
With that being said, while there are no statewide rent controls in place, all landlords in Maine must provide proper written notice before increasing rent on a rental unit.
Under Maine law, landlords must provide tenants with written notice before increasing rent. The general requirement is a minimum of 45 days' notice for any rent increase. This applies to residential leases, ensuring that tenants have adequate time to prepare for the change. (§6015(1))
For significant increases, specifically those of 10% or more, landlords are now required to give 75 days' notice. This rule applies if the cumulative rent increases within a 12-month period exceed 10%.
In certain municipalities like Portland, the notice period for rent increases may extend to 90 days, reflecting local regulations that offer additional protections to tenants.
Landlords in Maine face specific limitations on how and when they can raise rent:
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Maine's rental application laws are designed to protect both landlords and tenants, ensuring a fair and transparent rental process. Understanding these laws is crucial for compliance and to avoid potential legal issues.
Under Title 14, §6030-H, landlords are generally prohibited from charging application fees to prospective tenants for submitting or reviewing rental applications. However, there are exceptions. A landlord may charge an applicant for the actual cost of one of the following:
Landlords must provide applicants with a complete copy of the information obtained from these checks. Additionally, they can only charge one fee for these services within a 12-month period.
Maine adheres to the federal Fair Housing Act (FHA), which prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. Landlords must ensure they do not reject applications based on these protected characteristics.
Additionally, while criminal history is not a protected class under the FHA, landlords must apply consistent policies regarding criminal background checks to avoid discriminatory practices that disproportionately affect certain groups.
Landlords are required to disclose the criteria used for tenant screening and any factors that might lead to an application being denied. Applicants must acknowledge this information by signing the application, ensuring transparency in the process.
Under the Federal Credit Reporting Act (FCRA), landlords must obtain written consent from potential tenants before conducting credit checks. This requirement ensures that applicants are aware of and agree to the screening process being conducted on their financial history.
A comprehensive Maine rental application should request the following information from prospective tenants:
Landlords must provide essential disclosures to potential tenants, including:
Free Resource: Free Maine Rental Application Form | LawDistrict
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In Maine, security deposit laws are designed to protect both landlords and tenants by establishing clear guidelines regarding the collection, holding, and return of security deposits.
Below is an overview of the key aspects of these laws.
Landlords in Maine can charge a maximum of two months' rent as a security deposit for residential leases. (Title 14, §6032)
For properties located in mobile home parks, this limit increases to three months' rent.
It's important for tenants to verify that the security deposit does not exceed these limits, especially when entering into a lease agreement.
In addition to the standard security deposit, landlords may request a ‘reasonable’, pet deposit. (MRSA §4707(3))
However, tenants with disabilities who require service animals cannot be charged this additional fee, in accordance with federal and state fair housing laws.
Upon a tenant vacating the property, landlords can utilize the security deposit for specific deductions, including:
Landlords are required to provide an itemized list of deductions along with the remaining balance of the deposit.
Maine law mandates that security deposits be held in a separate bank account, ensuring they are not commingled with the landlord's personal funds (Title 14, § 6038). Landlords must disclose the name of the financial institution and the account number upon tenant request.
Landlords are required to return the security deposit, along with an itemized list of deductions, within 30 days after the lease ends.
For tenants with an "at-will" agreement, the return period is shortened to 21 days. If a landlord fails to return the deposit or provide a written statement justifying any deductions, they forfeit the right to retain any portion of the deposit (Title 14, § 6033).
If a landlord does not comply with these regulations, tenants have the right to take legal action to recover their deposits. They must first provide the landlord with a seven-day notice before pursuing legal remedies.
Landlords are not obligated by any law to pay interest on security deposits in Maine.
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A lease agreement in Maine is a formal contract that outlines the relationship between a landlord (lessor) and a tenant (lessee). This agreement is expected to establish the terms of occupancy and tenancy rights as governed by the Maine Revised Statutes.
Yes, oral lease agreements are allowed in Maine. Under Maine law, tenancy agreements can be either written or oral. However, oral agreements can make it harder to prove the terms of the lease in case of disputes. It's generally recommended for both landlords and tenants to have a written agreement to clearly outline the terms of the rental arrangement.
For tenancies at will (without a written lease), Maine law still provides specific protections and guidelines for both parties, but having a written lease offers more clarity and security. (Title 14, §6002)
Maine law mandates several disclosures that landlords must provide to tenants, including information about radon testing results, bed bug infestations, and energy efficiency compliance. These disclosures are vital for tenant safety and awareness.
Free Resources: Maine Standard Residential Lease Agreement | eForms
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The Maine Revised Statutes Title 14, § 6010-A outlines the responsibilities and rights of landlords and tenants regarding lease termination.
Breaking a lease is generally considered a breach of contract, which may lead to legal action and financial penalties for the party at fault. Both landlords and tenants should carefully review their lease agreements to understand the specific terms and conditions that govern early termination.
Maine law mandates that both landlords and tenants provide written notice before terminating a lease.
Typically, a notice period of 30 days is required, but this can vary based on the lease agreement itself. It is essential for both parties to adhere to these notice requirements to avoid potential disputes.
Notice Required to Terminate A Lease With A Fixed End Date: No Notice Required
A lease with a fixed end date does not require notice to terminate at the end of the lease term, unless the lease specifically states that a significant lease term violation constitutes a breach of the lease. If a tenant breaches a significant term, termination may occur according to the lease’s provisions. (Maine Consumer Rights When You Rent an Apartment (Chapter 14.7))
Notice Required To Terminate A Written Lease Without Termination or Notice Language: 30 Days Notice (Except In The Case of Substantial Lease Violations)
For leases that do not contain a termination provision in the event of a material breach, the landlord must provide a minimum of 30 days written notice. This notice must include language advising the tenant of their right to contest the termination in court. Additionally, the landlord can terminate the lease with 7 days’ notice for specific causes such as nonpayment of rent, damages, nuisance, or criminal activity. Tenants may also give 7 days’ notice if the landlord substantially breaches a provision of the lease. (§6001(1-B) and §6002)
Notice Required to Terminate A Tenancy at Will: A tenancy at will requires a minimum of 30 days' written notice to terminate. (Statute: 14 M.R.S. §6002).
Notice Required to Terminate A Week-to-Week Lease: A week-to-week tenancy also requires a minimum of 30 days' written notice to terminate. (Statute: 14 M.R.S. §6002).
Tenants may legally terminate their lease early under specific circumstances without incurring penalties. These include:
When a lease is broken, financial consequences can arise for both parties. Tenants may be liable for rent until a new tenant is found or until the lease term expires. However, landlords have a duty to mitigate damages by making reasonable efforts to re-rent the property. If a new tenant is found quickly, the original tenant's financial responsibility may be reduced accordingly.
Landlords may seek damages for lost rent, advertising costs, and other expenses incurred due to the early termination. Tenants who break their leases without proper notice may also face additional fees, including cleaning costs or advertising expenses incurred by the landlord.
The eviction process in Maine is regulated by specific statutes that define the legal grounds for eviction and outline the rights and responsibilities of both landlords and tenants.
In Maine, landlords can initiate eviction proceedings for several reasons, including:
If the tenant fails to pay rent, the landlord must issue a 7-Day Notice to Pay or Quit, giving the tenant seven days to pay the overdue rent or face eviction. (14 M.R.S. §6002(1)).
For general lease violations, such as unauthorized occupants or misuse of the property, landlords typically need to provide a 30-Day Notice to allow tenants time to remedy the situation before proceeding with eviction. (14 M.R.S. §6002).
Now the references are included for all the points, with proper citation from Maine’s statutes.
The eviction process in Maine begins with the proper delivery of an eviction notice. The type of notice depends on the grounds for eviction:
The eviction process involves several steps to ensure fairness and legality:
Homeowners associations (HOAs) in Maine are governed by a complex set of laws and regulations that impact both landlords and tenants. These laws ensure that HOAs operate transparently, protect the rights of homeowners, and maintain the integrity of the community.
Most HOAs in Maine are organized as nonprofit corporations and are subject to the Maine Nonprofit Corporation Act (Title 13-B of the Maine Revised Statutes). This act outlines the corporate structure, procedures, and governance requirements for HOAs.
The Maine Unit Ownership Act (Title 33, Chapter 10 of the Maine Revised Statutes) provides a framework for the establishment and management of condominium properties formed before January 1, 1983. Condominiums created after this date are subject to the Maine Condominium Act (Title 33, Chapter 31 of the Maine Revised Statutes), which offers a more comprehensive legal structure for the formation, alteration, and dissolution of condominiums.
The Maine Human Rights Act (Title 5, Chapter 337 of the Maine Revised Statutes) prohibits discrimination in housing, employment, and public accommodations. Section 4581-A of this act ensures that all individuals have equal access to housing opportunities, regardless of their religion, familial status, ancestry, national origin, physical or mental disability, gender, receipt of public assistance, sexual orientation, color, or race.
Maine law prohibits HOAs from restricting the installation of solar energy devices on residential properties, allowing homeowners to take advantage of renewable energy sources. (Solar Energy Right)
In Maine, the legal framework governing squatter's rights is primarily encapsulated in the concept of adverse possession, which allows individuals who occupy a property without the owner's consent to eventually claim legal ownership after satisfying specific legal criteria. This process is governed by Maine Revised Statutes Annotated (MRSA) Title 14, Sections 801 et seq.
Adverse possession laws in Maine require that a squatter must occupy the property continuously for a minimum of 20 years. This occupation must be characterized by several key elements:
Below, you’ll find some helpful Maine landlord–tenant law resources:
