A Maine 7 Day Notice to Vacate is an official eviction letter written by the landlord and served to the tenant for an incurable breach of the lease, such as threatening violence or committing substantial property damage. The tenant cannot remain on premises and must vacate within seven (7) calendar days.
When to Use a Maine 7 Day Notice to Vacate
Use a 7 Day Notice to Vacate to begin the eviction process in Maine:
- If the tenant committed or permitted a nuisance.
- If the tenant caused substantial property damage.
- If the tenant threatened violence or is the perpetrator of violence, domestic violence, sexual assault or stalking.
- If the tenant committed any other unlawful activity.
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 Comply or Vacate – If the tenant committed a health/safety violation by failing to maintain the premises in clean and sanitary condition, violated health/safety rules with too many occupants residing at the premises or violated any other terms of the lease.
- 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 Vacate
The Maine 7 Day Notice to 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 incurable breach or violation;
- Include the tenant’s balance due, if applicable;
- Enter the date the tenancy terminates;
- 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 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 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 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.
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