Landlord Guide to Renting in Maine

Maine permits both written and oral rental agreements. Leases for a term of more than one year must be in writing under the Maine Statute of Frauds (33 M.R.S. § 51). Written leases should specify the rent amount, due date, lease term, security deposit, and the obligations of landlord and tenant.

• Leases of more than one year must be in writing (33 M.R.S. § 51)
• Month-to-month tenancies arise when no fixed term is specified or the lease expires without renewal
• Landlords must provide written notice of the tenant's rights under Maine law at the start of the tenancy (14 M.R.S. § 6026)
• Lease clauses that waive tenant rights under Maine law are void and unenforceable

Under 14 M.R.S. § 6031, the maximum security deposit in Maine is two months' rent. The landlord must hold the deposit in a separate account and may not commingle it with personal funds. Landlords are not required to pay interest on the deposit.

• Maximum deposit: two months' rent (14 M.R.S. § 6031)
• Deposit must be held in a separate account at a financial institution in Maine
• Deposit may not be commingled with the landlord's personal funds
• No requirement to pay interest on security deposits

Maine landlords must make several disclosures before or at the commencement of the tenancy. Both state and federal requirements apply.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d)
• Written notice of tenant rights and landlord obligations (14 M.R.S. § 6026)
• Name and address of the property owner or authorized agent
• Radon disclosure: landlords must inform tenants of the risks of radon and that testing is recommended (14 M.R.S. § 6030-D)
• Bedbug disclosure: landlords must disclose the unit's bedbug infestation history, if known (14 M.R.S. § 6021-A)

Rent is due on the date specified in the rental agreement. Maine provides a statutory 15-day grace period for rent before a late fee may be charged (14 M.R.S. § 6028). Late fees are permitted after the grace period but must be specified in the lease and be no more than 4% of the monthly rent.

• Statutory 15-day grace period before a late fee may be charged (14 M.R.S. § 6028)
• Late fees may not exceed 4% of the monthly rent
• Landlords may specify acceptable methods of rent payment in the lease
• A 7-day notice to pay or vacate is required before filing for eviction for nonpayment (14 M.R.S. § 6002)

Maine recognizes an implied warranty of habitability. Under 14 M.R.S. § 6021, landlords must maintain the premises in a fit and habitable condition and comply with all applicable building and housing codes. Landlords must make repairs promptly after receiving notice from the tenant.

• Maintain the premises in a fit and habitable condition (14 M.R.S. § 6021)
• Comply with all applicable building, housing, and health codes
• Provide and maintain functioning plumbing, electrical, heating, and hot water systems
• Keep common areas in a clean and safe condition

Under 14 M.R.S. § 6025, landlords must provide at least 24 hours' advance notice before entering the tenant's dwelling unit. Entry must be at reasonable times and for legitimate purposes such as repairs, inspections, or showing the unit.

• Minimum notice: 24 hours before entry (14 M.R.S. § 6025)
• Entry must be at reasonable times for lawful purposes
• Permitted purposes include repairs, inspections, and showing the unit to prospective tenants or buyers
• No notice is required in cases of emergency

Maine does not have statewide rent control. However, the City of Portland enacted a rent stabilization ordinance limiting annual rent increases for certain units. For standard tenancies, landlords must provide at least 45 days' written notice before a rent increase takes effect (14 M.R.S. § 6015).

• No statewide rent control, but Portland has a local rent stabilization ordinance
• 45 days' written notice required for rent increases (14 M.R.S. § 6015)
• Rent cannot be increased during a fixed-term lease unless the lease expressly permits it
• Retaliatory rent increases are prohibited (14 M.R.S. § 6001(3))

Maine notice requirements depend on the type of tenancy and the reason for termination.

• Tenancy at will (month-to-month): 30 days' written notice by either party (14 M.R.S. § 6002)
• Fixed-term lease: terminates at the end of the lease term without additional notice
• Nonpayment of rent: 7-day written notice to pay or vacate (14 M.R.S. § 6002)
• Lease violation: 7-day written notice to cure or vacate (14 M.R.S. § 6002)

Evictions in Maine are handled through a forcible entry and detainer (FED) action filed in the district court of the county where the property is located (14 M.R.S. § 6001 et seq.). The landlord must provide the required statutory notice before filing.

• Serve the required notice (7-day for nonpayment or lease violation under 14 M.R.S. § 6002, 30-day for no-cause termination of tenancy at will)
• File a forcible entry and detainer complaint in district court (14 M.R.S. § 6003)
• The court schedules a hearing, typically within 7–14 days of service
• If the court rules for the landlord, a writ of possession is issued and enforced by the sheriff

Under 14 M.R.S. § 6033, landlords must return the security deposit within 30 days after the tenancy ends (or 21 days if the tenant has properly terminated the lease). An itemized statement of any deductions must accompany any withheld amount.

• Return deadline: 30 days after the tenancy ends, or 21 days if the tenant gave proper notice (14 M.R.S. § 6033)
• Permissible deductions: unpaid rent, damages beyond normal wear and tear
• An itemized statement of deductions must be provided with any withheld amount
• Wrongful retention of the deposit may result in liability for up to twice the amount wrongfully withheld plus reasonable attorney fees (14 M.R.S. § 6034)