Maine Residential Lease Agreement

Last Updated: November 21, 2023 by Roberto Valenzuela

A Maine residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.

Maine Residential Lease Agreement Disclosures

The below disclosures are required for all or some residential lease agreements in Maine.

Disclosure Applicable to
Late or Returned Check Fees All Leases Charging Late Fees
Bed Bugs All Units with Suspected/Confirmed Infestation
Radon All Units
Energy Efficiency Tenants Who Personally Pay Utilities
Common Area Utilities Units Sharing Utilities with a Common Area
Security Deposit Holdings All Leases Collecting a Security Deposit
Smoking Policy All Units
Lead Paint All Units Built Before 1978

Late or Returned Check Fees

Applicable to any Maine rental charging late fees.

Maine will only enforce late fees or returned check fees which are disclosed and agreed in the rental agreement. The state caps late fees at 4% of the monthly rent, not to be charged until the rent is at least 15 days late.

Bed Bug Disclosure

Applicable to any Maine rental a suspected/confirmed infestation, including adjacent units.

Maine leases of property with an adjacent or contiguous bed bug infestation must provide a disclosure to tenants. If asked, the landlord must also disclose the last date of inspection for bed bugs in the unit to be rented, as well as adjacent units.

This is an example of a bed bug disclosure clause:

BED BUGS. At the time of presenting this agreement, Landlord certifies:

[ ] No known current infestation or history of bed bugs in this property.
[ ] There is no known current infestation, but there is a history of infestation in this property.
[ ] There is no known current infestation, but there is a nearby infestation or history of infestations which may place the property at risk.

See attached addendum for more information.
This is a standard bed bug addendum.

Download: Maine Bed Bug Disclosure Form (PDF)

Radon Disclosure

Applicable to all Maine rentals.

Maine requires landlords to test radon levels for safety. Rental units must be tested at least once every 10 years for radon. For residential buildings constructed after March 1, 2014, the landlord must test for radon within 12 months of an occupancy.

A registered radon tester must perform the test, with the date and results of testing provided to new tenants as an addendum to the rental agreement (with the format provided by the Department of Health and Human Services). The tenant must also receive information about the risks of radon gas, and sign the addendum along with the landlord to acknowledge reading and understanding it.

This is the required disclosure.

Download: Maine Radon Level Disclosure Form (PDF)

Energy Efficiency Disclosure Statement

Applicable to any Maine rental where the tenant personally pays utility costs.

Maine rental agreements where the tenant will pay utility costs (either directly or through the landlord) must contain an energy efficiency statement including disclosure of either the utility supplier’s information or the property’s 12-month energy consumption history. The disclosure must be signed, and the landlord must retain a copy for at least three years.

The following language must be included in an energy efficiency disclosure statement:

You have the right to obtain a 12-month history of energy consumption and the cost of that consumption from the energy supplier.

Download: Maine Energy Efficiency Disclosure Form (PDF)

Common Area Utility Disclosure

Applicable to any Maine rentals agreements where the tenant is responsible for paying utilities in common areas.

Maine leases for property that shares a utility line with a common area (i.e., stairwell, hallway, storage area, water heaters, etc.) or other areas outside of the dwelling must disclose this to the tenant in the lease. A landlord may offer compensation in the form of monthly rent reductions or other consideration. Alternatively, a landlord may give notice that no compensation is to be provided.

Download: Maine Common Area Utility Disclosure Form (PDF)

Security Deposit Holdings Disclosure

Applicable to any Maine rentals collecting a security deposit.

Maine landlords collecting a security deposit must disclose, in writing, how those security deposit funds will be kept during the lease term. All security deposits received after October 1, 1979 must be held in an account at a bank or other financial institution.

At the tenant’s request, this disclosure must include the name of the holding institution, the location of the holding, and the account number where the funds are held. Funds from a deposit cannot be combined with personal assets.

Download: Maine Security Deposit Holdings Disclosure Form (PDF)

Smoking Policy Disclosure

Applicable to all Maine rentals.

Maine landlords must specify the rules for smoking on the premises, including where smoking is and is not allowed. The landlord must obtain a written acknowledgement of the smoking policy from the tenant.

Download: Maine Smoking Policy Disclosure Form (PDF)

Lead-Based Paint Disclosure

Applicable to any Maine rentals built before 1978.

For any property built before 1978, federal law requires that a Maine residential lease must contain a lead-based paint disclosure. This requires landlords to do the following:

Download: Maine Lead-Based Paint Disclosure Form (PDF)

Optional Disclosures and Addenda (Recommended)

The following lease agreement disclosures and addenda are not required by Maine law in residential lease agreements, but assist with tenant management and help limit landlord liability.

Optional Disclosure Purpose
Asbestos Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers.
Landlord’s Name & Address Specifies the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice.
Medical Marijuana Use Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas.
Mold Disclosure Informs tenants about actual or suspected mold contamination on the property, along with any remediation efforts, to help limit landlord liability.
Move-In Checklist Takes inventory of existing property damage, when the tenant takes possession of the rental property. This enables accurate deductions from the security deposit upon move-out.

Consequences of Not Including Mandatory Disclosures

Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.

Maine tenants can sue a landlord who fails to comply with the state’s bed bug notice requirements. The potential penalty is $250 or actual damages, whichever is greater, plus reasonable attorneys’ fees.

Likewise, if a landlord fails to provide a radon disclosure to the tenant, or falsifies testing or results, they can be fined up to $250 per violation. Since radon is a habitability problem, this may also open the landlord to further liability.

Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.

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