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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