Maine landlord tenant law: the rules a landlord meets

Maine security deposit law

Most you can take

2 months’ rent14 M.R.S. § 6032

Back to the tenant within

30 days14 M.R.S. § 6033Written lease: the time it states, 30 days at most. Tenancy at will: 21 days after termination or surrender, whichever is later.

Rent and late fees

Late fee

4% of the monthly rent14 M.R.S. § 6028Only if the tenant was told in writing at signing that a late fee of up to 4% may be charged.

Grace period before a fee

15 days14 M.R.S. § 6028

Maine rent increase laws and rent control

Notice before a rent increase

45 days14 M.R.S. §§ 6015, 6016At least 45 days' written notice, or 75 days when the increase, alone or added to others in 12 months, reaches 10% or more. Rent may not be raised while the unit breaches the warranty of habitability, and Portland has its own rent stabilization ordinance.

Rent control

Local rent control allowed14 M.R.S. §§ 6015, 6016

Entering the property: notice to the tenant

Notice before you enter

Reasonable notice14 M.R.S. § 6025(2)

Ending a tenancy and eviction notices

Ending a month-to-month tenancy

30 days14 M.R.S. § 6002Applies to a tenancy at will. The notice must say the tenant can contest the termination in court.

Unpaid rent

7 days14 M.R.S. § 6002(1), (2)“7-day notice to quit”Paying in full within the period stops itAvailable once rent is 7 or more days in arrears. Paying the full rent due before the notice expires voids it, and paying all arrears plus filing and service fees before the writ issues reinstates the tenancy.

Another breach of the lease

7 days14 M.R.S. § 6002(1)“7-day notice to quit”The statute does not say whether the breach can be fixedOnly for the listed grounds: substantial unrepaired damage, nuisance or unfit conditions, violation of law, violence or threats, domestic violence against a co-tenant, or an unauthorized occupant. Any other ground for a tenancy at will needs a 30-day notice, and the statute gives no cure period.

Lockouts and shutoffs

Banned: lockouts and utility shutoffs14 M.R.S. § 6014

The Maine eviction process, step by step

Disclosures a Maine lease has to carry

• Before signing or taking a deposit, give tenants who pay for energy a signed residential energy efficiency disclosure statement. (14 M.R.S. § 6030-C)
• Before signing or taking a deposit, give the state radon disclosure form with the latest test date and results, any mitigation, and the tenant's right to test. (14 M.R.S. § 6030-D)
• State in writing whether smoking is prohibited, allowed, or allowed in named areas, and get the tenant's written acknowledgment before signing or taking a deposit. (14 M.R.S. § 6030-E)
• Before renting, disclose whether any adjacent unit is infested with or being treated for bedbugs. (14 M.R.S. § 6021-A)
• A tenant may pay for heat or utilities serving common areas only under a written agreement giving a stated rent reduction or other fair consideration. (14 M.R.S. § 6024)