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.
Maine Laws on Rental Application Fees
While other states specify a maximum amount to collect as a rental application fee, Maine does not have any limitations on how much a landlord can charge. It’s advised to not charge more than the average out-of-pocket expense, but ultimately the determination of the fee is at the sole discretion of the landlord.
Additionally, if a prospective tenant’s application is approved, the maximum amount a landlord can charge for a security deposit is capped at two months’ rent. A security deposit receipt is required when the tenant pays for the deposit in cash and the security deposit must be held in a separate bank account.
What Maine Rental Application Forms Can’t Ask About
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)
Maine state laws add additional protections for the following classes:
- Sexual Orientation
- Gender Identity/Expression
- Marital Status
- Lawful Source of Income (Public and/or Rental Assistance)
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 illegal.
However, certain 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 two-family owner-occupied buildings.
- Age – landlords may ask for an applicant’s age in the case of age-specific communities, such as senior housing or 55+ communities, due to the Housing for Older Persons Exemption.
- Owner Occupied Properties – if an owner lives in one of the units of a single family property, it has 4 dwellings or less and the owner represents themselves during the leasing process, then they are exempt from abiding by FHA laws under the “Mrs. Murphy” exemption. However, race can never be a deciding factor (per the Civil Rights Act of 1866) and there cannot be any discriminatory advertisements to discourage applicants of a certain group.
- 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
Consent for Background 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 (such as this one).
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.
Adverse Action Notices
If you acquire a consumer report for an applicant (i.e., credit, eviction or criminal history) and take an “adverse action” against them such as any of the following:
- Rejecting the applicant
- Requiring a co-signer (when they didn’t include one before)
- Requiring a larger security deposit
- Requiring higher rent
Then you are legally required to provide the tenant with a notice letter that includes certain details, known as an “adverse action notice”. This is required even if the consumer report’s information wasn’t the primary reason for the action.
The notice must include details about the consumer reporting agency, an explanation that they didn’t take the adverse action themselves (and can’t explain why it was made) and a statement on the applicant’s right to a copy of the report and to dispute its contents within 60 days. Additionally, when rejecting an applicant, it’s recommended to specify the reason (but not legally required).
For an example, see this tenant rejection letter template.