Evicting a tenant in Maine can take around 1 to 2 months, depending on the reason for the eviction. If tenants file an appeal, the process can take longer.
Grounds for an Eviction in Maine
In Maine, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:
- Not paying rent on time
- Staying after the lease ends
- Violating the terms of the lease
- Committing illegal activity
Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent | 7 Days | Yes |
| End of Lease or No Lease | 30 Days | No |
| Lease Violations | 7 Days | Yes |
| Illegal Activity | 7 Days | No |
Nonpayment of Rent
In Maine, a landlord can evict a tenant for not paying rent within the legal 15 day grace period. To do so, the landlord must first serve the tenant a 7 days’ notice to quit, which gives the tenant a chance to pay the balance due or move out.
Unless the lease states otherwise, rent is considered late in Maine if it is not paid within the 15 calendar day grace period of the date rent is normally due.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
If rent is due on February 1st, it will be considered late starting on February 16th, unless the lease specifically states there is a grace period.
End of Lease or No Lease
In Maine, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). The landlord must first terminate the tenancy by giving the tenant a 30-day notice.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In Maine, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Maine landlord-tenant law. To do so, the landlord must first serve the tenant a 7 days’ notice to comply or vacate, which gives the tenant a chance to fix the issue or move out.
Examples of lease violations include:
- Violating health and safety standards
- Allowing unauthorized occupants or pets to live on the premises
- Disturbing the peace and enjoyment of other persons on the premises
- Causing minor property damage
- Refusing to allow the landlord access to the rental unit
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Activity
In Maine, a landlord can evict a tenant for committing an illegal activity on the premises. To do so, the landlord must first provide the tenant a 7 days’ notice to vacate. The tenant does not have the option to fix the issue and must move out within the 7 day period.
In Maine, illegal activity includes:
- Committing domestic violence on the premises
- Stalking the landlord, landlord’s agent or another tenant on the premises
- Committing sexual assault on the premises
- Threatening violence against the landlord, another tenant or any other person
- Engaging in or promoting prostitution
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Evictions in Maine
In Maine, there are a few different types of evictions that are illegal. If found liable, the landlord could be required to pay the tenant court costs, reasonable attorneys’ fees, plus $250 or actual damages sustained, whichever is greater.
“Self-Help” Evictions
A landlord is not allowed to attempt to forcibly remove a tenant by:
- Changing the locks
- Shutting off utilities
- Removing tenant belongings
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining about a repair issue to the landlord or landlord’s agent
- Joining a tenant’s union or organization.
- Pursuing a legal right to remedy habitability issues or radon testing.
- Filing a Fair Housing complaint with the Maine Human Rights Commission.
- Informing the landlord that the tenant (or tenant’s child) is a victim of sexual assault, domestic violence or stalking
In Maine, all evictions follow the same process:
- Landlord serves tenant written notice of violations
- Landlord files complaint with court due to unresolved issues
- Court holds hearing and issues judgment
- Writ of possession is issued
- Possession of property is returned to landlord
Step 1: Landlord Serves Notice To Tenant
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.
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
7-Day Notice To Quit
In Maine, if a tenant is late on paying rent and the balance due is not paid within the 15 calendar day grace period (full or partial), the landlord can serve them a 7-Day Notice To Quit. This eviction notice gives the tenant 7 days to pay the balance due or move out.
30-Day Notice To Vacate
For a tenant with no lease or a month-to-month lease in Maine, the landlord can serve them a 30-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 days to move out.
For tenants that don’t pay monthly, the amount of notice does not change.
7-Day Notice To Comply or Vacate
In Maine, if a tenant commits a minor violation of the terms of their lease or legal responsibilities, the landlord can serve them a 7-Day Notice To Comply or Vacate. This eviction notice gives the tenant 7 days to fix the issue or move out.
7-Day Notice To Vacate
In Maine, if a tenant commits an illegal activity on the premises, the landlord can serve them a 7-Day Notice To Vacate. This eviction notice gives the tenant 7 days to move out without the chance to fix the issue.
Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, Maine landlords must file a complaint in the appropriate court.
The summons and complaint must be served on the tenant by the sheriff, deputy sheriff, or other person authorized by the court at least 7 days prior to the eviction hearing, through any one of the following methods:
- Delivering a copy to the tenant personally
- Leaving a copy with someone who is of “suitable” age
- Delivering a copy to an agent authorized by appointment or by law
The summons and complaint must be served on the tenant at least 7 days prior to the date of the eviction hearing.
Step 3: Court Holds Hearing and Issues Judgment
The eviction hearing must be held within 10 days of the return date listed on the summons.
Tenants are not required to file a written answer with the court to attend the eviction hearing; however, if they want the hearing to be recorded, then they must file a written answer.
Recordings are typically required for appeals, so if the tenant thinks they may want to appeal, then it would be in their best interest to file a written answer to ensure that the hearing is recorded so a transcript of the proceedings can be provided to the appeals court.
If the judge rules in favor of the landlord, a writ of possession will be issued, and the eviction process will continue.
The eviction hearing must be held within 10 days of the return date listed on the summons.
Step 4: Writ of Possession Is Issued
The writ of possession is the tenant’s final notice to leave the rental unit and gives the tenant the opportunity to remove their belongings before law enforcement returns to the property to forcibly remove them.
The writ will be issued 7 days after the date the ruling in favor of the landlord is issued, and can only be given to the defendant by a sheriff or constable (not the landlord).
The writ of possession will be issued seven days after the ruling in favor of the landlord.
Step 5: Possession of Property is Returned
Tenants must move out of the rental unit within 48 hours of receiving the writ of possession. If the tenant remains on the property, they are deemed as a trespasser and will be forcibly removed by the constable or sheriff. All personal property on the premises shall be considered as abandoned property.
A sheriff or constable must deliver the writ to the tenants. This cannot be done by the landlord.
The tenant has 48 hours to move out after receiving the writ of possession.
Maine Eviction Process Timeline
In Maine, an eviction can be completed in 1 to 2 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Maine eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 7-30 Calendar Days |
| Court Issuing Summons | 7 Business Days |
| Court Serving Summons | 7 Business Days |
| Court Ruling | 10 Business Days |
| Court Serving Writ of Possession | 7 Business Days |
| Final Notice Period | 48 Hours |
Flowchart of Maine Eviction Process
Maine Eviction Court Fees
The average cost of an eviction in Maine for all filing, court, and service fees is $172. However, the cost can vary heavily based on the process server’s fee. Evictions shall be filed in District Court.
| Fee | Cost |
| Initial Court Filing | $105 |
| Summons Service | $16+ |
| Writ of Possession Service | $16+ |
| Writ of Possession Execution | $40 |
| Notice of Appeal Filing (Optional) | $175 |
Sources
- 1 Me. Stat. tit. 14 § 6002(1)
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Notwithstanding any other provisions of this chapter, the tenancy may be terminated upon 7 days’ written notice in the event that the landlord can show, by affirmative proof, that:
…
C. The tenant is 7 days or more in arrears in the payment of rent.
Source Link - 2 14 ME Rev Stat §6028 (2020)
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A payment of rent is late if it is not made within 15 days from the time the payment is due.
- 3 14 ME Rev Stat §6002 (2020)
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Tenancies at will must be terminated by either party by a minimum of 30 days’ notice, except as provided in subsections 2 and 4, in writing for that purpose given to the other party…
- 4 14 ME Rev Stat §6002 (2020)
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1. …the tenancy may be terminated upon 7 days’ written notice in the event that the landlord can show, by affirmative proof, that: A. The tenant…has caused substantial damage…that the tenant has not repaired… B. The tenant…has caused…the dwelling unit to become unfit for human habitation or has violated…the law regarding the tenancy…
- 5 14 ME Rev Stat §6002 (2020)
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1. the tenancy may be terminated upon 7 days’ written notice in the event that the landlord can show…that: D. The tenant is a perpetrator of domestic violence, sexual assault or stalking and the victim is also a tenant…E. The tenant…is the perpetrator of violence, a threat of violence or sexual assault against another tenant, a tenant’s guest, the landlord or the landlord’s employee or agent…
- 6 14 ME Rev Stat §6014 (2020)
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A. The tenant is entitled to recover actual damages or $250, whichever is greater.B. The tenant is entitled to recover the aggregate amount of costs and expenses determined by the court to have been reasonably incurred on the tenant’s behalf in connection with the prosecution or defense of such action, together with a reasonable amount for attorneys’ fees.
- 7 Me. Stat. tit. 14 § 6001(3)
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In any action of forcible entry and detainer there is a rebuttable presumption that the action was commenced in retaliation against the tenant if, within 6 months prior to the commencement of the action, the tenant has:
A. Asserted the tenant’s rights pursuant to section 6015, 6016, 6021, 6030-D, 6030-I or 6030-J;
B. Complained as an individual, or if a complaint has been made in that individual’s behalf, in good faith, of conditions affecting that individual’s dwelling unit that may constitute a violation of a building, housing, sanitary or other code, ordinance, regulation or statute, presently or hereafter adopted, to a body charged with enforcement of that code, ordinance, regulation or statute, or such a body has filed a notice or complaint of such a violation;
C. Complained in writing or made a written request, in good faith, to the landlord or the landlord’s agent to make repairs on the premises as required by any applicable building, housing or sanitary code, or by section 6021, or as required by the rental agreement between the parties;
D. [1989, c. 484, §2(NEW); MRSA T. 14 § 6001, sub-§ 3, ¶D (RP).]
E. Prior to being served with an eviction notice, filed, in good faith, a fair housing complaint for which there is a reasonable basis with the Maine Human Rights Commission or filed, in good faith, a fair housing complaint for which there is a reasonable basis with the United States Department of Housing and Urban Development concerning acts affecting that individual’s tenancy;
F. Prior to being served with an eviction notice, provided the landlord or the landlord’s agent with notice that the tenant or tenant’s minor child is a victim; or
G. Prior to being served with an eviction notice, communicated to the landlord or the landlord’s agent about an act of sexual harassment or filed a complaint with a law enforcement agency, the Maine Human Rights Commission or a court of an act of sexual harassment by the landlord or the landlord’s agent against the tenant or a family or household member of the tenant.
If an action of forcible entry and detainer is brought for any reason set forth in section 6002, subsection 1 or for violation of a lease provision, the presumption of retaliation does not apply, unless the tenant has asserted a right pursuant to section 6026.
A writ of possession may not issue in the absence of rebuttal of the presumption of retaliation.
Source Link - 8 14 Me. Rev. Stat. § 6002
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If the landlord or the tenant have made at least 3 good faith efforts to serve the other party, that service may be accomplished by both mailing the notice by first class mail to the other party’s last known address and by leaving the notice at the other party’s last and usual place of abode.
Source Link - 9 Me. R. Civ. P. 6
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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 - 10 ME Rules of Civil Procedure, Rule 4 (2018)
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(c)(2) By a sheriff or a deputy within the sheriff’s county, or other person authorized by law, or by some person specially appointed by the court for that purpose. Special appointments to serve process shall be made freely when substantial savings in travel fees will result.
- 11 ME Rules of Civil Procedure, Rule 4 (2018)
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(d) (1) …by delivering a copy…to the individual personally or by leaving copies thereof at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy…to an agent authorized by appointment or by law to receive service of process…
- 12 14 ME Rev Stat §6003 (2020)
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The court shall schedule and hold the hearing as soon as practicable, but no later than 10 days after the return day except that the court may grant a continuance for good cause shown. Any defendant requesting a recorded hearing shall file a written answer enumerating all known defenses on or before the return day.
- 13 14 ME Rev Stat §6005 (2020)
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When the defendant is defaulted or fails to show sufficient cause, judgment must be rendered against the defendant by the District Court for possession of the premises. Seven calendar days after the judgment is entered, the court shall issue the writ of possession to remove the defendant. The writ may be served by a sheriff or a constable…
- 14 14 ME Rev Stat §6005 (2020)
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When a writ of possession has been served on the defendant by a constable or sheriff, and the defendant fails to remove himself or his possessions within 48 hours of service by the constable or sheriff, the defendant is deemed a trespasser without right and the defendant’s goods and property are considered by law to be abandoned and subject to section 6013.
