The Maine sublease agreement is a legal contract that allows a tenant to rent out all or a portion of the property to a subtenant in exchange for regular payments.
Does a Tenant Need the Landlord’s Permission to Sublet in Maine?
A tenant does need a landlord’s explicit written consent to sublet in Maine. Even after consent is given, a landlord still has the right to reject a subtenant if they are unqualified, such as for having a low credit score or a high debt-to-income ratio.
Standardized Maine Sublease Agreements
A standard form can be used in Maine to create a sublease. Here’s what is generally included in a Maine sublease agreement:
- The Names of the Parties – The original tenant under the lease is named in the sublease and is called the “Sublessor.” The third party that is subleasing the rental unit is named in the sublease and is called the “Sublessee.”
- Rental Unit Location – The address for the rental unit as described in the master lease.
- Term – The exact date of the sublease beginning and ending date.
- Rent – How much the rent is, when it needs to be paid, and how to pay it.
- Master Lease Inclusion – A copy of the original lease is attached to the sublease. If any exceptions in the original lease are not included they should be clearly stated in this section.
- General Conditions – A statement that the written sublease agreement contains all of the agreements between the parties and can only be modified by written consent of the parties to the agreement.
- Liability – The sublessee will be liable for any damages to the Sublessor. The Sublessor has the ultimate responsibility to pay for any damages that impact the landlord as stated in the master lease agreement.
- Disputes – A description of how disputes between the Sublessee and Sublessor are to be settled. This may include details about mediation and binding arbitration to avoid more expensive legal proceedings.
- Authorized Occupants – This identifies the new tenant(s) and those that are authorized to live in the rental unit including any policy about short-term guests.
- Lead-Based Paint Notice – Under Federal law, if the rental unit’s premises were built before 1978, the Sublessee must be given a written warning notice, called a Lead-Based Paint Disclosure.
- Security Deposit – Maine law limits the maximum security deposit to two months’ rent. However, local governments may enact a different limit, like in Portland. This security deposit is held by the Sublessor (not the landlord).
- Mobile Home Security Deposit – The maximum security deposit for a mobile home in Maine is three months’ rent.
- Return of Security Deposit – Maine landlords have 30 days after the lease term ends to return any unused portion of the security deposit if the tenancy is governed by a written lease agreement. For a tenancy at-will, landlords have 21 days after the lease term ends or the tenant vacates the rental unit, whichever is later, to return the security deposit.
- Utilities – The utilities to be paid by the Sublessee and those that are to be paid by the Sublessor.
- Inventory of Included Items – The list of items in the rental unit that are part of the sublease which may include furniture or appliances.
- Smoking Policy – If smoking is restricted in the rental unit and any designated smoking areas are identified in the sublease.
- Landlord’s Consent – This section describes how the landlord is asked to give consent (if consent is not already included in the Master Lease). Tenants may create a signed sublease that is conditional on being accepted by the landlord before the sublease becomes effective.
- Signature: The signature and date for the Sublessor, the Sublessee, any Co-Sublessors, and Co-Sublessees (if they exist).
Tax Implications of a Sublease
In Maine, a sublessor may be subject to the 9% state Lodging Tax if they sublet for 29 days or less.
