Under Maine law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants and rights and responsibilities under MRS Title 14 Chapter 709, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in Maine
In Maine, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Maine’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | No | Heating, If Provided |
| Hot Water | No | No |
| Kitchen Appliances | No | No |
| Garbage Containers/Removal | No | No |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Sometimes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Maine
Landlords must perform necessary repairs in a timely manner. In Maine, landlords must make repairs within a “reasonable” time after getting written notice from tenants.
If repairs aren’t made in a timely manner, Maine tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent.
Tenant Responsibilities in Maine
Aside from paying rent on time, Maine tenants must:
- Keep the unit in a safe and habitable condition.
- Keep fixtures clean and sanitary.
- Perform minor maintenance and repairs.
- Not disturb other tenants or neighbors.
Evictions in Maine
Landlords in Maine are permitted to evict tenants for the following reasons:
- Nonpayment of Rent: If a tenant fails to pay rent, then the landlord may issue a 7-Day Notice to Pay. If the tenant still does not pay, then the landlord may pursue eviction proceedings.
- Lease Violation: If a lease violation occurs then the landlord may issue a 7-Day Notice to Quit. If the terms of the notice are not met, then the landlord may proceed with eviction proceedings.
- Material Health/Safety Violation: If a tenant causes substantial damage or makes the rental unit unfit for human habitation, a landlord may issue a 7-Day Notice to Quit.
- No Lease/End of Lease: If a tenant remains on the property after the rental term has ended, a landlord may serve a 30-Day Notice to Quit.
- Illegal Acts: Illegal activities are handled in the same manner as material lease violations. Landlords may issue a 7-Day Notice to Quit. If the terms of the notice are not met then the landlord may file for eviction.
It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons.
Landlord Retaliation in Maine
It’s illegal for Maine landlords to retaliate against tenants. Maine defines retaliation as a landlord attempting to evict tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Maine
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: Landlords must not collect more than 2 months’ rent as a security deposit. However, the limit is 3 months’ rent if the unit is a mobile home.
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits.
- Holding Requirement: Landlords must hold security deposits in a bank or other financial institution.
- Interest Requirement: Landlords are only required to provide interest if the rental unit is a mobile home.
- Receipt Requirement: Yes, for payments made in cash.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, utilities, late fees, damage excluding normal wear and tear, costs of storing and disposing unclaimed property, and cleaning costs.
- Time Limit for Return: Landlords must return security deposits within 30 days if the tenant is on a fixed-term lease (e.g., one year) with a written lease agreement. For a tenancy at-will (e.g., month-to-month), landlords must return security deposits within 21 days.
- Max. Penalty for Late Return: Tenants can sue for twice the amount wrongfully withheld plus court costs and attorneys’ fees. Tenants are required to send a demand letter before filing a lawsuit.
Lease Termination in Maine
Notice Requirements: If a tenant wants to terminate a periodic lease, then they must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 30 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No Statute |
| Year-to-Year | 30 Days |
Early Termination: If a tenant wishes to break a lease early, they may do so for the following reasons:
- Early termination clause.
- Active military duty.
- Uninhabitable unit.
- Landlord harassment.
Cost of Breaking a Lease in Maine
If a Maine tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Maine
Maine does not have rent control, but state law allows cities and towns to create their own rent control laws. For example, Portland’s City Code limits rent increases to a percentage based on the rate of inflation.
In cities where rent control does not apply, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent if the rental unit violates the warranty of habitability (e.g., there is no hot water), or during the lease term unless the lease agreement allows for it.
Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes.
By state law, landlords must give 45 days’ notice to increase rent. However, landlords must give 30 days’ notice to mobile home tenants. City rent control laws may require a different notice period.
Housing Discrimination in Maine
Protected Groups: The Federal Fair Housing Act prohibits discrimination on the basis of race, color, national origin, familial status, religion, sex (including gender identity and sexual orientation), or disability. These rules do not apply to some owner-occupied homes or homes operated by religious organizations.
Discriminatory Acts & Penalties: Housing discrimination complaints are handled by the Maine Human Rights Commission. They have identified the following behaviors as potentially discriminatory when directed at a member of a protected class:
- Inquiring about a protected class trait.
- Failing to make reasonable accommodations.
- Refusing to rent, sell, or lease housing.
- Falsely claiming a unit is unavailable.
- Providing unequal financial services.
- Engaging in blockbusting or steering.
The Commission does not disclose what kind of penalties are imposed on landlords found guilty of discrimination. Victims of housing discrimination can file a complaint at their own discretion.
Additional Landlord Tenant Regulations in Maine
In addition to having laws that address general issues like repairs and security deposits, most states, including Maine, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Maine
Maine landlords can enter a rental property for maintenance, inspections, and property showings. They usually must provide at least 24 hours of advance notice before any entry. There is no requirement for notice or permission in emergency situations.
Rent Collection & Related Fees in Maine
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are required to provide a 15-day grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: 4% of monthly rent.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Required for cash payments.
Small Claims Court in Maine
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $6,000. Maine Small Claims Court is a division of District Court. The process takes approximately one to three months.
Mandatory Disclosures in Maine
Maine landlords are required to give the following mandatory disclosures:
- Lead-Based Paint: Landlords that own homes built before 1978 must provide information about concentrations of lead paint.
- Late or Returned Check Fees: Landlords must disclose if a late fee will be charged and the fee for a returned check.
- Bed Bugs: Landlords must disclose if the unit or any surrounding units have ever had a bed bug problem.
- Radon: Landlords must disclose info related to testing and mitigation of radon levels.
- Energy Efficiency: Upon request, Maine landlords must disclose energy efficiency information; specifically, a 12-month energy consumption and cost record.
- Common Area Utilities: Applicable to any rental agreements where the tenant is responsible for paying utilities for common areas.
- Security Deposit Holdings: Landlords must also disclose the location and account number of the security deposit, upon the tenant’s request.
- Smoking Policy: Landlords must clearly disclose the smoke policy for the unit.
Changing the Locks in Maine
Maine tenants are allowed to change their locks if the rental agreement doesn’t say otherwise, but they must give copies of any new keys to the landlord within 48 hours of a lock change (72 hours, if they are victims of domestic abuse), or else the landlord is allowed to use reasonable force to enter the property. By contrast, landlords are not allowed to unilaterally change locks on a tenant, as this is considered a form of illegal “self help” eviction.
Additional Resources for Maine Renters
Many cities in Maine have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see the resources below for more general information.
The Rights of Tenants in Maine – Though it is published by a non-state legal firm, this guide is among the most comprehensive for helping new Maine tenants understand their rights and obligations under the state’s laws. This digital resource is easy to page through as well, so readers can easily search for keyword and find the answers they are looking for.
Maine Housing Guide – This multi-purpose guide can help both landlords and tenants understand Maine’s statewide programs and provisions relating to housing. In particular, this guide has a lot of contact information for outside organizations that can help protect and support individuals in need of affordable housing.
Maine Model Lease – This example lease was created by Maine’s Attorney General to demonstrate what provisions can and should be added to a fully operable lease agreement. New landlords in Maine can use this document as a base for creating an equitable lease agreement that minimizes the risk of conflict with future tenants.
