A Maine 7 Day Notice To Vacate is letter which complies with state legal requirements to begin eviction against a tenant for an “incurable” violation (i.e., one which the tenant isn’t allowed an opportunity to correct), such as threatening violence. The tenant must move out within seven (7) calendar days of receiving notice.
When To Use a Maine 7 Day Notice To Vacate
A Maine 7 Day Notice To Vacate begins the eviction process for the following tenant violations:
- Creating or permitting a nuisance
- Causing substantial property damage
- Threatening violence or perpetrating violence, domestic violence, sexual assault or stalking
- Committing any other unlawful activity
Some types of Maine lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Maine 7 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Maine 7 Day Notice To Vacate
Maine landlords delivering a written Notice To Vacate 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.
Sources
- 1 14 Me. Rev. Stat. § 6002
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The tenant, the tenant’s family or an invitee of the tenant has caused substantial damage to the demised premises that the tenant has not repaired or caused to be repaired before the giving of the notice provided in this subsection;The tenant, the tenant’s family or an invitee of the tenant caused or permitted a nuisance within the premises or has violated or permitted a violation of the law regarding the tenancy;The tenant is a perpetrator of domestic violence, sexual assault or stalking and the victim is also a tenant;The tenant or the tenant’s guest or invitee 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; orThe person occupying the premises is not an authorized occupant of the premises.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 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.
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