A Maine 7 Day Notice to Comply or Vacate is an official eviction document delivered to the tenant for a curable breach of the lease, such as violating health/safety standards. The tenant has the option to correct the lease violation or move out within seven (7) calendar days.
When to Use an Maine 7 Day Notice to Comply or Vacate
Use a 7 Day Notice to Comply or Vacate to begin the eviction process in Maine:
- If the tenant failed to comply with health/safety rules by failing to maintain the premises in clean/sanitary condition.
- If the tenant violated the health/safety rules with too many occupants residing at the rental unit.
- If the tenant committed any other violations of the lease.
If none of the above are true, use one of the below forms to evict a tenant:
- 7 Day Notice to Quit – If the tenant is late on rent (after the 15 day grace period from the date rent is due), either in part or in full.
- 7 Day Notice to Vacate – If the tenant committed an incurable breach, such as committing or permitting a nuisance, caused substantial property damage, perpetrated or threatened violence or other unlawful activity.
- 30 Day Notice to Vacate – If the tenant or the landlord is ending a periodic or fixed term rental agreement. This letter may also be used for tenants with no written lease or for tenants with an expired lease.
How to Write an Maine 7 Day Notice to Comply or Vacate
The Maine 7 Day Notice to Comply or Vacate form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Specify the rule or lease violation;
- Enter the date tenancy terminates if violation not remedied;
- Include the tenant’s balance due, if applicable;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve an Maine 7 Day Notice to Comply or Vacate
A landlord shall make three (3) good faith efforts to serve the tenant in person. If service cannot be made in person, the landlord may post the notice at the premises, such as on the entry door AND mail the notice to the tenant by first class mail with a certificate of mailing.
When sending the notice by first class mail, add three (3) calendar days to the notice period to account for variability in post office delivery times.
Sources
- 1 14 ME Rev Stat § 6002
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The tenant, the tenant’s family or an invitee of the tenant caused or permitted a nuisance within the premises, has caused or permitted an invitee to cause the dwelling unit to become unfit for human habitation or has violated or permitted a violation of the law regarding the tenancy.
Source Link - 2 14 ME Rev Stat § 6002
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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 Maine Court Rules of Civil Procedure - Rule 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