Maine Residential Lease Agreement

Last Updated: May 20, 2025 by Roberto Valenzuela

A Maine residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a rental property and a tenant using the property. State and local laws set the rules for rental agreements, such as laws regulating the use of a tenant’s security deposit.

Maine Residential Lease Agreement Disclosures

The below disclosures are required for 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
Written Costs All Units
Smoking Policy All Units
Lead Paint All Units Built Before 1978

Late or Returned Check Fees

Applies to any Maine rental charging late fees.

Maine leases must disclose and agree on all late fees or returned check fees. The state caps late fees at 4% of the monthly rent, after rent is at least 15 days late. Returned check fees are capped at the amount of court costs and processing charges, plus interest at the rate of 12% per year on the total amount owed.

Bed Bug Disclosure

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

Maine leases must provide a disclosure to tenants when they’re next to (or in contact with) a bed bug infestation. If asked, the landlord also must disclose the last date of bed bug inspection 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

Applies 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 residential buildings built after March 1, 2014, the landlord must test for radon within 12 months of an occupancy.

A registered radon tester must perform the test. The date and results must be 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 also must 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

Applies to all Maine rentals.

Maine rentals must prepare an energy efficiency statement, including 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 landlord must disclose the property’s energy efficiency in any lease where the tenant pays utility costs. The statement must also be available on demand to anybody who asks for it.

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)

Written Cost Disclosure

Applies to all Maine rentals.

Beginning in 2025, Maine landlords cannot begin a lease without providing the a disclosure of costs associated with renting the premises. This disclosure must include rent, recurring fees, utility service costs (or, if not possible, an energy efficiency disclosure), and other costs the tenant is responsible for paying.

The landlord may choose the form of the disclosure, but it must be plain and readily understandable by the general public. The disclosure is not valid unless signed by both parties, with a copy provided to each.

Common Area Utility Disclosure

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

Maine leases must provide a disclosure when they share a utility line with a common area (i.e., stairwell, hallway, storage area, water heaters, etc.) or other areas outside of the dwelling. A landlord may offer compensation for the common area’s usage in the form of monthly rent reductions or other valuable consideration. Alternatively, a landlord may give notice that the tenant will receive no compensation for the shared energy usage.

Download: Maine Common Area Utility Disclosure Form (PDF)

Security Deposit Holdings Disclosure

Applies 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 security deposit cannot be combined with any personal assets.

Download: Maine Security Deposit Holdings Disclosure Form (PDF)

Smoking Policy Disclosure

Applies 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

Applies to any Maine rentals built before 1978.

Maine residential leases for property built before 1978 must, by federal law, 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 help with tenant management and landlord liability.

Optional Disclosure Purpose
Asbestos Informs tenants about any asbestos hazards related to the property. Tenants can reduce asbestos risk by not disturbing asbestos fibers.
Landlord’s Name and Address Gives the tenant the landlord’s name and address, or that of their authorized agent. This allows required communication (for example, about repairs) to happen in a smooth way. Typically includes additional contact information, such as phone numbers and email addresses.
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 efforts, plus information about treatments. This helps limit landlord liability.
Move-In Checklist Takes inventory of existing property damage, when the tenant moves into the rental property. This ensures 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 doesn’t provide a required bed bug notice. The potential penalty is $250 or actual damages, whichever is greater, plus reasonable attorneys’ fees.

Likewise, if a landlord doesn’t provide a required radon disclosure, or falsifies testing or results, they can be fined up to $250 per violation. Since radon is a habitability problem, tenants might also sue for that reason.

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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