Free Maine Rental Lease Agreement


Sample Maine Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___.

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, Maine, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of Maine, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of Maine.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of Maine (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of Maine, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, Maine, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, Maine, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

Maine Rental Lease Agreement

Before you get a residential rental unit in Maine, an understanding of lease agreements and the landlord-tenant laws is important, hence this article.

  • The Official Rules and Regulations

    • Me. Rev. Stat. Ann. tit. 14 §6001 – §6017 – Entry and Detainer

    • Me. Rev. Stat. Ann. tit. 14 §6031 – §6039 – Security Deposits on Residential Rental Units

    • Me. Rev. Stat. Ann. tit. 14 §6021 – §6030-E – Rental Property

    • Me. Rev. Stat. Ann. tit. 14 §6041 – §6041 – Cable Television and Over-the-Air Reception Device Installation

  • Security Deposit

    • The security deposit maximum shouldn’t exceed two months’ rent

    • Security deposit interest isn’t required

    • There should be a separate security deposit bank account since the security deposits shouldn’t commingle with other funds. The landlord, may, however, open a single account to hold security deposits from all the tenants.

    • In the rental lease agreement in Maine, no statutes cover pet deposits or non-refundable fees.

    • The deadline for returning the security deposit shouldn’t exceed 30 days, and it should be within the time stated in the agreement.

    • The permitted uses of the deposit include:

      • Covering costs of storing and disposing of unclaimed property

      • Nonpayment of rent

      • Nonpayment of utility charges payable to the landlord directly

    • A written description or an itemized list of damages and charges is required

    • No statute stipulates record keeping of deposit withholdings

    • The receipt of the deposit is required for payments in cash

    • If the landlord fails to provide written statement or fails to return the security deposit within 30 days for written leases and 21 days for tenancies at will the landlord is forced to forfeit the rights to withhold any portion of the security deposit.

    • In case the landlord wrongfully/ intentionally withholds the security deposit or even fails to issue an itemized statement within 30 days as in the written leases of 21 days for tenancies at will, he or she will be liable for double the amount of the portion of the security deposit withheld wrongfully.

    • The statute on security deposits doesn’t apply to tenancies with less than five dwelling units.

  • Lease, Fees, and Rent

    • Rent is due as stated in the lease

    • a rent increase notice for at least 45 days is required

    • a 15-days grace period is given from the date the payment is due.

    • The late fees charged shouldn’t be more than four percent the rent amount

    • No statute governs the prepaid rent

    • The returned check fees include the amount due, the court costs, service costs collection costs, or the possession charges which are recoverable only if a statutory notice is given. The payment is to be done within a ten days’ notice

    • Tenants can withhold rent for failure to provide basic services like water and hear

    • The tenant can repair and deduct rent is habitability is affected and if the reasonable cost of compliance is less than $500 or equal to half the monthly rent.

    • The landlord must make reasonable attempts to mitigate damages to the lessee including any attempts to re-rent.

    • No statutes in abandonment or the early termination fee.

  • Notices and Entry

    • No notice is given in fixed end date leases unless the tenant breaks a significant lease term

    • Notice to terminate tenancy for written leases without termination or notice language is a minimum of 30 days (§6001(1-B) and §6002).

    • Notice to terminate tenancy at will is a minimum 30-days’ notice

    • Notice to terminate tenancy for weekly leases is a minimum of 30 days

    • Maine has no statutes for notices of the termination of tenancy within 24 hours or the notice of date or time of move-out inspections, as well as termination of weekly leases.

    • Notice of termination for nonpayment is a seven days’ written notice

    • A seven days’ termination notice is given for lease violation if the tenant:

    • Changes the locks and refuses to give the landlord duplicate keys

    • Causes substantial damage to the premises

    • Is a nuisance on the premises

    • Violates the tenancy laws

    • Causes the dwelling unit to be unfit for human habitation

    • Reasonable notice is required before entry

    • Entry is allowed with notice for non-emergency repairs and maintenance

    • Entry with notice is allowed for showings.’

    • Entry without notice is allowed in emergencies

    • In the Maine rental lease agreement, no statutes guide notice to tenants for the use of pesticides or allowing entry following a tenant’s extended absence.

    • No lockouts or utility shutoffs are not allowed

  • Disclosures and Miscellaneous Notes

    • Security deposit bank account

    • Domestic violence situations

    • Covenant of habitability

    • Heating

    • Heat and utilities in common areas

    • Retaliation

    • Lead disclosures

    • Bedbug infestations

    • Smoking policies

    • Radon testing

    • Cable Television and Over-the-Air Reception Device Installation

  • Court Related

    • Maine Small Claims Court: Limits are $6,000 and no eviction cases allowed

    • Statute of Limitations – Contracts: 6 years (§752)

    • Legal Aid

Business Licenses

No state-wide statutes although local cities and counties could have regulations and requirements.

Maine Division of Corporations, UCC & Commissions

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ME Rental Lease Agreement

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