A Maine eviction notice form is a legal letter provided to a tenant directing them to correct a breach of their obligations and/or vacate the premises. In Maine, eviction notices can be served for the nonpayment of rent, lease violations or participating in illegal activity.
Types of Maine Eviction Notice Forms
Notice Form | Grounds | Curable? |
7 Day Notice to Quit | Unpaid Rent | Yes |
7 Day Notice to Comply or Vacate | Lease Violation | Yes |
7 Day Notice to Vacate | Criminal Activity | No |
30 Day Notice to Vacate | Periodic or Fixed Term | No |
Maine 7 Day Notice to Quit
A Maine 7 Day Notice to Quit is an eviction form used for the nonpayment of rent. The tenants have the opportunity to pay the past due balance in full or vacate the premises within seven (7) calendar days.
Maine 7 Day Notice to Comply or Vacate
A Maine 7 Day Notice to Comply or Vacate is an eviction form used for a curable breach of the lease. Lease violations include disturbing the peace and enjoyment of others or violating health/safety rules. The tenants are given the option to fix the violation, otherwise if they fail to comply, they must vacate the premises within seven (7) calendar days.
Maine 7 Day Notice to Vacate
A Maine 7 Day Notice to Vacate is an eviction form used for an incurable breach of the lease, such as illegal conduct or substantial property damage on the premises. There is no option to fix the serious violation and the tenant must move out within seven (7) calendar days.
Maine 30 Day Notice to Vacate
A Maine 30 Day Notice to Vacate is a lease termination letter served by either party to terminate a periodic (i.e. week-to-week or month-to-month) or a fixed term rental agreement, regardless of length or rent payment frequency. This letter may also be used for tenants with no written lease or for tenants with an expired lease.
The notice must be provided at least thirty (30) calendar days prior to the end of the following rental period or expiration of the lease.
How to Write an Eviction Notice in Maine
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in Maine
An eviction notice in Maine takes effect the day after it is served. All days are counted during the notice period. If the last day falls on a weekend or legal holiday, then the notice period will not officially expire until the end of the next judicial day (a day when the courthouse is open).
How to Serve an Eviction Notice in Maine
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 Maine Court Rules of Civil Procedure - Rule 6
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Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to b e included. The last day of the period so computed is to be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.
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