Maine Residential Lease Agreement

The Maine residential lease agreement (“rental agreement”) can be used by property owners (“lessors”) to come to terms with a tenant (“lessee”) for the use of their property in exchange for rent payments. Landlords often check a tenant’s credit to ensure they can pay the rent amount.

Maine Lease Agreement Disclosures

The following disclosures are required for all residential lease agreements in Maine.

There are also a number of optional disclosures and addendums that help reduce future conflicts or legal liabilities in Maine.

Late or Returned Check Fees

Applicable to any unit charging late fees.

Landlords can dictate whether tenants will be charged with late fees or returned check fees; however, the amount that will be charged must be stated in the rental agreement. Late fees must not exceed 4% of one month’s rent, and shall not be charged until the rent is at least 15 days late. [1]

Bed Bug Disclosure

Applicable to any unit with a suspected infestation in adjacent units.

Landlords may not offer a unit for rent that is suspected of or currently infested with bedbugs. If there is an adjacent or contiguous property that is infested, the landlord must provide notice of the infestation. If asked, the landlord must also disclose the last date of inspection for bed bugs in the prospective or adjacent rental units. [2]

An example of a bed bug addendum or section would be:

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

[ ] There is 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.
Addendum Bed Bug

Download: Maine Bed Bug Disclosure Form (PDF)

Radon Disclosure

Applicable to all units in Maine.

Due to the dangers presented by high radon levels, Maine requires landlords to test radon levels for safety. By March 1, 2014 and then every 10 years, all rental units must be tested for radon. For residential buildings that were built after March 1, 2014, a landlord must have the air tested within 12 months of the occupancy of the tenant.

A registered radon tester must perform the test and the date and results of these regular tests shall be provided to new tenants as an addendum to the rental agreement. The tenant must also be provided with additional information about the risks of radon gas.

The addendum, which is provided by the Department of Health and Human Services, also requires the signature of both parties to acknowledge the results and risks provided. [3]

Here is the required disclosure for Maine landlords to include.

Download: Maine Radon Level Disclosure Form (PDF)

Energy Efficiency Disclosure Statement

Applicable to any rental agreements where the tenant is responsible for paying utilities directly or through the landlord.

In Maine, for any rental agreement where the tenant will pay utility costs (either directly or through the landlord), the landlord must provide an energy efficiency statement and disclosure of either the utility supplier’s information or the 12-month energy consumption history. [4]

The statement for supplying utility suppliers’ information is:

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

The landlord must obtain the tenant’s signature on the disclosure and must retain the disclosure for a minimum of three years.

Download: Maine Energy Efficiency Disclosure Form (PDF)

Common Area Utility Disclosure

Applicable to any rental agreements where the tenant is responsible for paying utilities for common areas.

In Maine, dwelling units that share a utility line with a common area (i.e., stairwell, hallway, storage area, water heaters, etc.) or other areas outside of the dwelling should have this fact disclosed as part of the rental agreement. Compensation in the form of monthly rent reductions or other considerations may be included, or a notice that no compensation is to be provided may be a part of the disclosure.

Download: Maine Common Area Utility Disclosure Form (PDF)

Security Deposit Holdings Disclosure

Applicable to any rental agreements where the landlord collects a security deposit.

If a Maine landlord asks for a security deposit, they must provide a written disclosure of how those security deposit funds will be kept while the tenant is renting the property. All security deposits received after October 1, 1979 must be held in an account at a bank or other financial institution.

Per 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.

All held funds may not be commingled with personal assets, but multiple deposits can be held in a single escrow account.

Download: Maine Security Deposit Holdings Disclosure Form (PDF)

Smoking Policy Disclosure

Applicable to all units in Maine.

Landlords in Maine must specify the rules for smoking on the premises, including where smoking is and is not allowed. [5] These rules can be outlined in a smoking policy disclosure that is included as part of the rental agreement or as a separate written notice. 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 rental units built prior to 1978.

It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in Maine to:

• Fill out and attach this lead-based paint disclosure form to the lease agreement.
• Provide the tenant with an Environmental Protection Agency (EPA)-approved pamphlet about the dangers of lead-based paint.
• Provide additional records or reports about the presence or hazards of any known lead-based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.

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

Optional Disclosures & Addendums (Recommended)

The following lease agreement disclosures and addendums are not required by Maine law in residential lease agreements, but either help reduce future conflicts with tenants or reduce legal liability for landlords.

• Landlord Name & Address – to create a line of communication for important notices and demands between tenant and landlord, it is recommended that Maine landlords provide contact information within or alongside the lease for themselves or anyone authorized to act on behalf of the property.
• Marijuana Use – it is recommended to state where marijuana use is and isn’t allowed on the property so that expectations are clear. Maine law allows landlords to restrict marijuana usage to non-smoking methods only or control where users can smoke to not interfere with other tenants. peaceful enjoyment of the premises.
• Move-in Checklist – it is recommended to provide an itemized list of damages to the property before move-in to make sure tenants are responsible for any serious damages that occur during the lease term. This can be attached to the lease agreement or signed as a separate document.
• Asbestos Disclosure – for rental units built prior to 1981, asbestos was a common building material. This disclosure will notify the tenant to take certain precautions to minimize the chance of disturbing the asbestos fibers (i.e. no sanding, pounding, modifications or repairs, without the landlord’s consent). The disclosure will also notify the tenant of their obligation to immediately notify the landlord if any ceilings begin to deteriorate.
• Mold Disclosure – it is recommended to disclose the current mold status of a property in the lease to protect against future liability of mold damages due to a tenant’s negligence during the lease term.