Maine legally requires landlords to meet certain “habitability” requirements for all rental properties. This means that they’re responsible for providing a property that meets specific health and safety standards and for fixing issues that violate them.
Maine Implied Warranty of Habitability
In Maine, the implied warranty of habitability requires a landlord to provide and maintain a safe, habitable rental property. “Implied” means the requirement applies whether written in the lease or not. The warranty can be waived, but only in writing and for specific named benefits, like a rent reduction.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
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However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Maine
Note: Landlord responsibilities are primarily determined by specific location in Maine. Check city/county laws and ordinances for additional requirements, as well as the Maine Uniform Building and Energy Code (which applies to certain larger communities across the state).
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | No | Heating, Only If Provided |
| Hot Water | No | No |
| Kitchen Appliances | No | No |
| Washer & Dryer | No | No |
| Smoke/CO Detectors | Yes | Sometimes |
| Window Coverings | No | No |
| Light Fixtures | No | No |
| Landscaping | No | No |
| Garbage Removal | No | No |
| Garbage Pickup | No | No |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Usually Not |
| Clogs | N/A | Usually Not |
Landlord Responsibilities for Heating & Air Conditioning in Maine
Maine landlords don’t have to provide heating or air conditioning unless required by the rental agreement or local laws. However, if the rental agreement provides for heating, the landlord must maintain it to a specific level, such as being able to warm the property to 68 degrees Fahrenheit.
By a special, separate written agreement with specific requirements, the landlord can sometimes offer the tenant a rent reduction in exchange for not providing heating services to the standard the law would otherwise require.
Are Landlords Required to Provide Air Filter Replacements in Maine?
Maine landlords don’t have to replace things like air filters, unless provided heating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Maine
Maine landlords are responsible statewide for making sure no plumbing issue interferes with basic health and safety on the rental property. However, most communities in Maine provide more specific requirements.
Are Landlords Required To Provide Hot Water in Maine?
Maine landlords aren’t specifically required to provide or maintain hot water for rental property, unless the lease or locally applicable laws say otherwise.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Maine?
Maine landlords must fix clogs the renter didn’t cause, which keep the property from being in habitable condition.
Are Landlords in Maine Responsible for Fixing Leaks?
Maine landlords have to fix leaks the renter didn’t cause that keep the property from being in habitable condition.
Landlord Responsibilities for Kitchen Appliances in Maine
Maine landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator.
Landlord Responsibilities for Electrical Issues in Maine
Maine landlords are responsible only for making sure there are no electrical issues that endanger basic safety or habitability on the rental property.
Are Landlords Responsible for Replacing Light Bulbs in Maine?
Maine landlords are not responsible for replacing light bulbs or particular light fixtures.
Landlord Responsibilities for Garbage Removal in Maine
Maine landlords have no specific responsibilities related to garbage removal. Garbage is the tenant’s duty, unless the landlord sets the property up in a way where garbage can’t be disposed without causing a habitability issue.
Landlord Responsibilities for Landscaping in Maine
Maine landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Maine
Maine landlords are responsible for mold issues the renter didn’t cause. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety.
Landlord Responsibilities Regarding Pests in Maine
Maine landlords must fix pest issues the renter didn’t cause, including rats, roaches, mice, and ants, since these threaten habitability. Bed bugs have special, detailed requirements: suspected infestations must be treated within 15 days, but a particular process lets the landlord bill the tenant for testing and treatment.
Landlord Responsibilities for Windows & Window Coverings in Maine
Maine landlords have no responsibility to provide or maintain particular windows or window coverings. The landlord has to repair broken windows the tenant didn’t cause, since this is a health and safety issue.
Landlord Responsibilities Regarding Safety Devices in Maine
Maine landlords are responsible for ensuring smoke alarms and carbon monoxide (CO) detectors are installed at the beginning of a tenancy, and replacing them upon getting notice that they’ve broken. Otherwise, it’s the tenant’s responsibility to test such devices and prevent damage to them.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Maine?
Maine landlords are not responsible for replacing batteries of safety devices. This is the tenant’s duty.
Landlord Responsibilities for Washers and Dryers in Maine
Maine landlords are not required to furnish their rental properties with a working washer and dryer.
Renter’s Rights for Repairs in Maine
Renters in Maine have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. The renter must submit prompt repair requests (written or verbal) after noticing an issue. The landlord gets a reasonable time after notice to perform repairs.
If the issue isn’t fixed, the renter can file a court action to get an injunction for repairs, and can pursue other potential remedies like monetary damages or a rent abatement. Renters can also repair and deduct, but aren’t allowed to withhold rent.
Sources
- 1 Maine Rev. Stat. § 6021(2) (2022)
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“In any written or oral agreement for rental of a dwelling unit, the landlord shall be deemed to covenant and warrant that the dwelling unit is fit for human habitation.”
Source Link - 2 Maine Rev. Stat. § 6021(5) (2022)
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“A written agreement whereby the tenant accepts specified conditions which may violate the warranty of fitness for human habitation in return for a stated reduction in rent or other specified fair consideration shall be binding on the tenant and the landlord. Any agreement, other than as provided in this subsection, by a tenant to waive any of the rights or benefits provided by this section shall be void.”
Source Link - 3 Maine Rev. Stat. § 6021(6) (2022)
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“It is a breach of the implied warranty of fitness for human habitation when the landlord is obligated by agreement or lease to provide heat for a dwelling unit and: A. The landlord maintains an indoor temperature which is so low as to be injurious to the health of occupants not suffering from abnormal medical conditions; B. The dwelling unit’s heating facilities are not capable of maintaining a minimum temperature of at least 68 degrees Fahrenheit at a distance of 3 feet from the exterior walls, 5 feet above floor level at an outside temperature of minus 20 degrees Fahrenheit; or C. The heating facilities are not operated so as to protect the building equipment and systems from freezing.”
Source Link - 4 Maine Rev. Stat. § 6021(6-A) (2022)
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“A landlord and tenant under a lease or a tenancy at will may enter into an agreement for the landlord to provide heat at less than 68 degrees Fahrenheit. The agreement must: A. Be in a separate written document, apart from the lease, be set forth in a clear and conspicuous format, readable in plain English and in at least 12-point type, and be signed by both parties to the agreement; B. State that the agreement is revocable by either party upon reasonable notice under the circumstances; C. Specifically set a minimum temperature for heat, which may not be less than 62 degrees Fahrenheit; and D. Set forth a stated reduction in rent that must be fair and reasonable under the circumstances… [no agreement allowed] if a person over 65 years of age or under 5 years of age resides on the premises.”
Source Link - 5 Maine Rev. Stat. § 6021(3)(B) (2022)
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“If a condition exists in a dwelling unit which renders the dwelling unit unfit for human habitation, then a tenant may file a complaint against the landlord in the District Court or Superior Court. The complaint shall state that… The condition was not caused by the tenant or another person acting under his control.”
Source Link - 6 Maine Rev. Stat. § 6021-A(2)(A), (2)(B), & (2)(F) (2022)
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“Upon written or oral notice from a tenant that a dwelling unit may have a bedbug infestation, the landlord shall within 5 days conduct an inspection of the unit for bedbugs. Upon a determination that an infestation of bedbugs does exist in a dwelling unit, the landlord shall within 10 days contact a pest control agent… A landlord shall offer to make reasonable assistance available to a tenant who is not able to comply with requested bedbug inspection or control measures… A landlord may charge the tenant a reasonable amount for any such assistance, subject to a reasonable repayment schedule, not to exceed 6 months, unless an extension is otherwise agreed to by the landlord and the tenant.” Maine Rev. Stat. § 6021-A(2)(A), (2)(B), & (2)(F) (2022). See Maine Rev. Stat. § 6021-A (2022) generally for specific, detailed requirements of the bed bug treatment process in Maine.
Source Link - 7 Maine Rev. Stat. § 2464(9)(A) & (9)(B) (2022)
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“At the time of each occupancy, the landlord shall provide smoke detectors if they are not already present. The smoke detectors must be in working condition. After notification, in writing, of any deficiencies by the tenant, the landlord shall repair or replace the smoke detectors… The tenant shall keep the smoke detectors in working condition by keeping charged batteries in the smoke detectors, by testing the smoke detectors periodically and by refraining from disabling the smoke detectors.”
Source Link - 8 Maine Rev. Stat. § 2468(5)(A) & (5)(B) (2022)
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“At the time of each occupancy, the landlord shall provide carbon monoxide detectors if carbon monoxide detectors are not already present. The carbon monoxide detectors must be in working condition. After notification, in writing, of any deficiencies by the tenant, the landlord shall repair or replace the carbon monoxide detectors… The tenant shall keep the carbon monoxide detectors in working condition by keeping the carbon monoxide detectors connected to the electrical service in the building, by keeping charged batteries in carbon monoxide detectors backed up by batteries, by testing the carbon monoxide detectors periodically and by refraining from disabling the carbon monoxide detectors.”
Source Link - 9 Maine Rev. Stat. § 6021(3) (2022)
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“If a condition exists in a dwelling unit which renders the dwelling unit unfit for human habitation, then a tenant may file a complaint… that: A. A condition, which shall be described, endangers or materially impairs the health or safety of the tenants; B. The condition was not caused by the tenant or another person acting under his control; C. Written notice of the condition without unreasonable delay, was given to the landlord or to the person who customarily collects rent on behalf of the landlord; D. The landlord unreasonably failed under the circumstances to take prompt, effective steps to repair or remedy the condition; and E. The tenant was current in rental payments owing to the landlord at the time written notice was given. The notice requirement of paragraph C may be satisfied by actual notice to the person who customarily collects rents on behalf of the landlord.”
Source Link - 10 Carrier v. Russell, CIVIL ACTION DOCKET NO. AP-01-19, 3 (Me. Oct. 20, 2011)
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“In addition to any other relief, the Court may issue injunctions, determine fair value of the use and occupancy and order a rebate and authorize the tenant to temporarily vacate the building unit.”
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