What types of rental periods are provided for in the State legislation governing residential tenancies in Maine?

The legislation provides for both fixed term tenancies under a written lease and tenancies at will, which are tenancies for an unspecified term which have no written lease or rental agreement.

Is a signed move-in move-out inspection report required?

A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.

Can the landlord charge a deposit?

Yes, the landlord can charge a security deposit, not to exceed twice the monthly rent (for tenants who rent mobile homes, the deposit can be 3 times the monthly rent). The landlord must keep the security deposit in a separate account from his/her other accounts and upon request, must provide the tenant with the name of the bank and the account number. Interest is to be paid only if the landlord and tenant agree, unless the tenant rents a mobile home, in which case the park owner must pay the tenant 4% annual interest at the time the deposit is returned. Tenants in some subsidized housing may be entitled to interest on their deposits.

For a tenancy at will (without a written lease), the landlord must return the deposit or provide a written statement detailing any deductions from the deposit within 21 days after the tenant vacates the premises. In the case of a written lease, the landlord must return the deposit or provide the statement within 30 days.

The landlord is entitled to deduct the cost of fixing any damage that is attributable to the tenant and is beyond normal wear and tear. The landlord can also apply the deposit to unpaid rent.

When is the landlord allowed to increase the rent?

For a tenancy at will, the landlord must give 45 days’ written notice of any rent increase. If the landlord fails to do so, the tenant can refuse to pay the increase, or can pay under protest and then sue the landlord for the amount of the overcharge. The tenant can also claim court costs and legal fees.

If there is a written lease, the landlord probably cannot increase the rent during the lease term unless there are specific provisions in the lease which have been agreed to by the tenant.

For tenants in subsidized housing, the rent is based on the tenant’s income. The rent can be raised or lowered if the income changes.

When is rent considered late?

If the rent is not paid within 15 days of the day it is due, the landlord can charge a late fee, which cannot exceed 4% of one month’s rent. However, in order to charge a late fee, the landlord must inform the tenant in writing at the time of move-in that there will be a late fee and what the amount will be. If there is a written lease, this provision can be set out in the lease.

How can a lease be terminated?

Unless otherwise agreed in writing between the parties, a tenant at will (in other words, with no written lease) must give 30 days written notice, with the notice period ending on a day when rent is due.

Do mobile home tenants have the same rights as other tenants?

Tenants who rent a mobile home have the same rights as tenants who rent a house or an apartment, however, not all rights extend to tenants who own their mobile home but just rent the lot on which the mobile home is situated. Prior to signing an agreement to rent, the park owner must provide the tenant with a copy of the Maine mobile home park laws and a copy of the mobile home park rules. Tenants should read these carefully to determine their rights, remedies and obligations.

When is the landlord permitted to enter the premises?

In an emergency, the landlord can enter the premises without notice. In all other circumstances the landlord must give reasonable notice (at least 24 hours) and may enter the premises during reasonable times which are convenient for the tenant.

On what grounds can a landlord evict a tenant?

For tenancies with a written lease, subsidized housing, or for mobile home owners who rent a site in a mobile home park, the landlord requires a reason to evict. If a tenant under a lease does not vacate the premises at the end of the term and the lease does not contain an automatic renewal clause, the landlord can go to court seeking an eviction order, without giving notice to the tenant, within 7 days following the end of the lease term. In the case of subsidized housing, the lease probably renews automatically, in which case this would not apply.

For tenancies without a written lease, the landlord can evict without giving a reason upon 30 days notice in writing or with a 7-day Notice to Quit, provided that the eviction is not for retaliatory reasons or illegal discrimination. The notice must not terminate the tenancy earlier than the last date for which rent has been paid.

To evict a tenant with a 7-day Notice to Quit, the landlord must state the reason for eviction in writing, which can be one of the following:

* the tenant has seriously damaged the rental premises and has not repaired the damage,
* the tenant is a nuisance to other tenants or neighbors,
* the tenant has made the premises unfit to live in,
* the tenant has changed the locks and has refused to give the landlord a duplicate key, or
* the tenant is behind at least 7 days in paying the rent.

Maine law allows a landlord to evict a tenant at any time during the year (including winter months), and regardless of whether there are children living in the premises. A landlord cannot force a tenant out by changing locks, seizing the tenant’s property, or shutting off utilities. The landlord must go through the court to obtain an eviction order and a writ of possession, which must be served by a law enforcement officer. If the tenant fails to move out within 48 hours of being served with the writ, the landlord has the right to have the police remove the tenant by force.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.