Not everyone’s rental needs check all the boxes of a traditional fixed-term lease. In Maine, where seasonal tourism thrives, tenants often seek short-term living arrangements that suit them. In these cases, a Maine month-to-month lease agreement is often an ideal solution.
This type of arrangement, also known as a tenancy at will, renews each month automatically until either party gives notice to terminate. Despite its flexibility, Maine landlord-tenant law still applies. Below, we’ll take a closer look at everything landlords need to know about a Maine month-to-month lease agreement.
Disclosures (9)
Maine law requires landlords to share specific information with their tenants when signing a lease.
- Lead-based paint: Federal law requires landlords to give tenants any known information about lead-based paint and its hazards in homes built before 1978. Landlords must also provide a copy of the EPA’s lead safety pamphlet.
- Late or returned check fees: In Maine, landlords can only charge a late or returned check fee if they disclose it in their lease template. Landlords can charge up to 4% of the monthly rent as a late fee, and landlords must wait until after the required grace period has elapsed. State law limits returned check fees to court costs and processing charges, plus 12% interest per year on the amount owed (Me. Rev. Stat. tit. 14, §6028, §6071).
- Bed bug disclosure: Maine law requires landlords to disclose any bed bug infestations in the unit or in adjacent units. Landlords must also provide their tenants with the date of the last bed bug inspection upon request (Me. Rev. Stat. tit. 14, §6021-A).
- Radon disclosure: In Maine, landlords must test their rental properties for radon at least once every 10 years. Additionally, if landlords built the building after March 1, 2014, they must test for radon within 12 months of occupancy. Landlords must use registered radon detectors for the test and include the date and test results as an addendum to their lease agreement (Me. Rev. Stat. tit. 14, §6030-D).
- Energy efficiency disclosure statement: Landlords must give their tenant an energy efficiency disclosure statement that includes the following language: “landlords have the right to obtain a 12-month history of energy consumption and the cost of that consumption from the energy supplier.” landlords must keep a copy of this statement for at least 3 years (Me. Rev. Stat. tit. 14, §6030-C).
- Written cost disclosure: Landlords must give prospective tenants a written disclosure of all costs associated with renting the unit before signing a lease (Me. Rev. Stat. tit. 14, §6030-J).
- Common area utility disclosure: If any of their tenants are responsible for paying common area utilities, landlords must disclose whether or not they will offer them compensation in the form of reduced rent or other benefits (Me. Rev. Stat. tit. 14, §6024).
- Security deposit holding disclosure: If landlords collect a security deposit from their tenant, they must give them a written statement about where the fund is, and keep the deposit in a bank (Me. Rev. Stat. tit. 14, §6038).
- Smoking policy: Landlords must provide a smoking policy for the rental that states whether smoking is allowed, only allowed in certain areas, or prohibited (Me. Rev. Stat. tit. 14, §6030-E).
Optional Disclosures and Addenda
Landlords are not legally required to include the following disclosures in their Maine month-to-month lease agreement, but adding them provides additional clarity.
Asbestos: Tells tenants about any known asbestos in the building and how to reduce associated risks.
Landlord’s name and address: Shares the landlord’s name and contact information with the tenant.
Medical marijuana use: Explains the landlord’s policy for using medical marijuana in the rental.
Mold disclosure: Informs tenants of any known or suspected mold issues in the unit and provides information on remediation.
Move-in checklist: Outlines the condition of the rental at move-in, including any existing issues or damages. Use this checklist at move-out to compare conditions and calculate deductions.
Additional Maine Month-to-Month Lease Laws
Other laws apply to their Maine month-to-month lease agreement. Follow these laws carefully to ensure landlords stay compliant with state laws.
Notice to Terminate a Month-to-Month Agreement
By definition, a Maine month-to-month lease agreement has no set end date. As a result, landlords must pay close attention to termination rules when ending the arrangement.
Required notice for tenant: Tenants must give at least 30 days’ written notice before terminating a Maine month-to-month lease agreement (Me. Rev. Stat. tit. 14, § 6002, 6015).
Required notice for the landlord: Maine landlords must also give at least 30 days’ written notice to terminate a month-to-month lease (Me. Rev. Stat. tit. 14, § 6002, 6015).
Laws Governing Rent Increases
While rent control does not exist at the state level in Maine, some local jurisdictions have enacted their own rent control laws. Always check their local laws before increasing rent.
While a month-to-month lease agreement allows landlords to revisit rent more frequently and make changes as necessary, it’s important to give their tenant proper notice. In Maine, this means giving the tenant at least 45 days’ notice before increasing the rent. Additionally, if the rent increase is 10% or more, or if the combined total of rent increases over 12 months is 10% or more, landlords must give 75 days’ notice to their tenants.
Lease Violations and Eviction
As any landlord will tell you, lease violations can happen to anyone. Here’s what landlords need to know to keep things moving forward.
Missed rent payment: If the tenant misses a rent payment, landlords can attempt to collect rent plus a late fee after the required grace period. If this doesn’t work, landlords may issue a 7-day Notice to Quit (Me. Rev. Stat. tit. 14, §6002).
Lease violation: For other lease violations, landlords may immediately issue a 7-day Notice to Quit, allowing their tenant 7 days to vacate the property (Me. Rev. Stat. tit. 14, §6002).
Lease abandonment: Maine tenants who abandon their lease early are usually responsible for the remaining rent. They can avoid this by finding an approved replacement tenant or meeting a qualifying condition for early termination.
Self-help evictions: Self-help evictions are illegal in Maine. Landlords should always go through the proper legal process when removing a tenant.
Rent Payment Laws
Maine has specific rules for collecting rent.
Rent control/stabilization: Rent control and stabilization do not exist at the state level in Maine; however, some local jurisdictions may enact their own rent control laws. Always check local laws when pricing or increasing rent.
Late rent fees: In Maine, landlords may charge a late fee after the required grace period. Landlords can charge up to 4% of the monthly rent, provided they disclose the fee in their lease template (Me. Rev. Stat. tit. 14, §6028).
Grace period: Maine requires landlords to give their tenant a 15-day grace period before rent is considered late (Me. Rev. Stat. tit. 14, §6028).
Tenant’s right to withhold rent: In Maine, tenants are allowed to “repair and deduct,” meaning they can make repairs themselves and deduct the cost from a future rent payment (Me. Rev. Stat. tit. 14, §6026).
Pet rent laws: Landlords may charge a separate pet rent if their Maine month-to-month lease agreement clearly states it; however, they may not charge pet fees for qualified service or assistance animals.
Security Deposits
Most landlords choose to collect a security deposit, which helps protect them in case of unpaid rent or excessive damage.
Maximum amount: Maine allows landlords to charge up to 2 months’ rent as a security deposit (Me. Rev. Stat. tit. 14, §6032).
Deposit receipt: Landlords aren’t required to provide their tenant a receipt for their security deposit payment; however, they must disclose where the deposit is held upon request (Me. Rev. Stat. tit. 14, §6038).
Interest payments: Maine does not require landlords to pay interest on a tenant’s security deposit or hold the funds in an interest-bearing account, but landlords must hold the deposit in a separate bank account from their personal funds (Me. Rev. Stat. tit. 14, §6038).
Security deposit return: Landlords must return their tenant’s security deposit, minus any deductions, within 30 days of lease termination (Me. Rev. Stat. tit. 14, §6033).
Deductions: If landlords deduct funds from the deposit, landlords must provide their tenant with a detailed list of the charges and return any remaining funds within 30 days of lease termination (Me. Rev. Stat. tit. 14, §6033).
Property Access Laws
Maine law balances the owner’s need to maintain their property with the tenant’s right to quiet enjoyment of their home.
Advance notice: Maine requires landlords to give their tenant “reasonable” notice before entering the unit, usually defined as at least 24 hours (Me. Rev. Stat. tit. 14, §6025).
Immediate access: If there is an emergency, including an animal at risk, landlords may have immediate access to the property and enter without notice (Me. Rev. Stat. tit. 14, §6025-A).
Harassment: Failure to follow these guidelines is considered landlord harassment. In these cases, their tenant can sue for damages or even terminate their lease early (Me. Rev. Stat. tit. 14, §6025).
