In Maine, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Maine?
In Maine, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Maine?
In Maine, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 7 Day Notice to Quit, the eviction notice form used for tenants that do not pay rent in full and on time, a landlord can serve the notice after the 15 day grace period. Unless otherwise specified in the lease, rent is late if it’s not paid within the 15 day period after the date rent is normally due.
Acceptable Forms of Service in Maine
Maine landlords delivering a written eviction notice must make three (3) good faith efforts to hand deliver the notice to the tenant in person. Afterward, notice may be posted at the premises, plus delivered by first class mail with a certificate of mailing.
Mailed notice extends a notice period by three (3) calendar days, to account for variable delivery times.
Obtaining Proof of Service in Maine
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- First Class Mail – via certificate of mailing and by completing a Declaration of Service at the time of mailing
- Posting at the Premises – by taking a time-stamped photograph and completing a Declaration of Service at the time of delivery
Maine Eviction and Lease Termination Notice Forms
Notice Form | Grounds |
7 Day Notice To Quit | Eviction for Unpaid Rent |
7 Day Notice To Comply or Vacate | Eviction for Lease Violation |
7 Day Notice To Vacate | Eviction for Illegal Activity |
30 Day Notice To Vacate | End of / No Lease |
Sources
- 1 14 Me. Rev. Stat. § 6028
-
Late payment. A payment of rent is late if it is not made within 15 days from the time the payment is due.
Source Link - 2 14 Me. Rev. Stat. § 6002
-
In the event that the landlord or the landlord’s agent has made at least 3 good faith efforts to personally serve the tenant in-hand, that service may be accomplished by both mailing the notice by first class mail to the tenant’s last known address and by leaving the notice at the tenant’s last and usual place of abode.
Source Link - 3 Me. R. Civ. P. 6
-
Additional Time After Service by Mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, 3 days shall be added to the prescribed period.
Source Link