The Maine rental application form is a document that landlords use to screen potential tenants. They ask about rental history, eviction history, income information, and more which is used to help the landlord make an application decision.
- Application Fee – in Maine, landlords can charge any application fee amount that they wish.
- Discrimination Laws – Maine includes specific state protections against discrimination based on classes like sexual orientation, plus federal law makes it illegal in Maine to ask about race, color, religion, nationality, sex, disabilities, or familial status with some exceptions.
- Consent for Credit Check – the Federal Credit Reporting Act (FCRA) requires a prospective tenant to give written consent to check their credit history during the screening process.
Maine Rental Application Laws
The following laws apply to the application and tenant screening process in the state of Maine.
Collecting an Application Fee in Maine
While other states specify a maximum amount to collect as a rental application fee, Maine does not have any limitations on who can charge the application fee, or how much this fee can be.
Illegal Housing Discrimination in Maine
State and federal laws are in effect in Maine to protect potential renters from unfair discrimination during the application process.
Fair Housing Act
The Federal Fair Housing Act makes it illegal to discriminate against the following protected classes:
- National Origin (Nationality)
- Familial Status (having or not having children)
- Disability (Physical or Mental)
As a result, asking about any of these items on a rental application form (and/or using them to base an application decision on) is not allowed.
Maine Fair Housing Laws
Maine state laws add additional protections for the following classes:
- Sexual Orientation
- Gender Identity
- Lawful Source of Income (Public and/or Rental Assistance)
Asking about any of these items on a rental application form (and/or using them to base an application decision on) is not allowed.
Exemptions to Fair Housing Laws
Exemptions from Fair Housing laws do exist. In Maine, the following exemptions are allowed:
- Familial Status – it is acceptable to ask about and base an application decision on if children will occupy the rented premises in any of the below cases:
- Two-family owner-occupied buildings.
- Housing for Older Persons Exemption – landlords may ask for an applicant’s age in the case of age-restricted communities such as senior housing. This federal exemption, known as the “Housing for Older Persons” exemption, can apply to 55+ and 62+ Maine communities that meet the requirements.
- Mrs. Murphy Exemption – dwellings with four units or less where one unit is occupied by the owner are exempt from Fair Housing Laws, unless a real estate agent represents the landlord. Additionally, race cannot be a deciding factor as per the Civil Rights Act of 1866
- Religious Organizations – religion can be used as a basis for giving preference to certain applicants for property that is owned, operated, supervised, or controlled by a religious organization that does not rent for commercial purposes. However, discrimination against other classes is not allowed. 42 U.S. Code § 3607
- Private Clubs – private clubs that operate without public access or commercial intent may provide preferential treatment of applications for lodgings owned or operated by the club as long as membership isn’t discriminatory. 42 U.S. Code § 3607
Federally, race is a non-exemption criteria that cannot have an influence on the choice of whether to rent to an applicant or not regardless of existing exemptions.
Consent for Credit Checks
Before a landlord can run a credit check based on the prospective tenant’s information on the submitted rental application, the Federal Credit Reporting Act requires that written consent must be given by the applicant. This written consent can be given via a statement of such and signature on the rental application form itself, or via a separate consent form (example template).
Maine Security Deposit Law
If an applicant is approved, the following laws apply to the collection of security deposits in Maine, except in the case of a 5-unit dwelling occupied by the landlord:
- Standard Limit / Maximum Amount: Maine landlords may charge no more than 2 months’ rent for a security deposit.
- Receipt Requirements: a receipt is required if payment for the security deposit is made partially or fully in cash.
- Financial Holdings: Security deposits must be held in a separate account in a bank or other financial institution. The landlord may also offer the tenant the option of purchasing a surety bond instead.
Sending Rental Application Forms
Landlords can send rental application forms to tenants in one of two ways:
- Manually – using the PDF and Word templates available for free on our website (see the top right of this webpage), landlords can send a rental application form to tenants via a physical copy or email.
- With Software – most popular property management software services include an online rental application form that can automate the collection and screening process for landlords.
For reviews of popular property management software, click here.
Processing a Rental Application
The next step in the tenant screening process is to use the information on the rental application form to conduct a background check:
- Credit Check – subject to the tenant’s written consent, a credit check will either provide a simpler “pass/fail” report, or a full credit report including the tenant’s credit score and information about their income, employment, past addresses, credit inquiries and more.
- Eviction Check – an eviction check aims to show the tenant’s history of eviction filings or judgments against them at any point in the last 7 years.
- Criminal History Check – a criminal history check aims to show any records involving the tenant in state court criminal records or in databases such as the national sex offender public registry.
Maine Eviction Record Search
Evictions, also known as unlawful detainers, are public record and accessible to anyone in the state of Maine. Landlords may choose to use a third-party service that collects this information, or can access it using Maine’s public record portal.
To access the eviction records:
- Access Maine’s Odyssey Portal.
- Scroll to the bottom of the page and select Smart Search.
- Enter the potential tenant’s name and other information you may have to view any existing records.
- Select the case number to be taken to any available details.
Responding to Rental Applications
If an applicant meets all of your tenant screening criteria, then there’s nothing you need to do beyond notifying them and moving forward with the normal leasing process.
However, if you acquire a consumer report for an applicant (i.e. credit, eviction or criminal history) and you make an “adverse action” against them (EVEN IF the report’s information wasn’t the primary reason for doing so), you are required to provide the tenant with a notice letter that includes certain details, known as an “adverse action notice”.
An adverse action is defined as either rejecting the applicant or instituting additional/higher requirements than you have for another applicant (i.e. requiring a co-signer, larger security deposit, higher rent or an additional deposit).
In these cases, an adverse action notice is required to be sent to the applicant, and must include the following:
- The agency’s name, address and phone number that supplied the report.
- A statement explaining that the CRA didn’t make the decision for the adverse action themselves, and as a result, that they can’t explain why the decision was made.
- A statement explaining the applicant’s right to dispute such information and their right to a copy of the report in question within 60 days.
To learn more about requirements surrounding adverse action notices, see this article from the Federal Trade Commission. To get an idea of what an adverse action notice might look like, see this example letter.
Additionally, to protect against accusations of illegal discrimination, it is always recommended to include the exact reason why the application was not approved in the rejection letter.