Overview of Landlord-Tenant Laws in Maine

Find out key laws every Maine landlord and tenant needs to know.

By , Attorney · UC Berkeley School of Law

Maine laws govern much of the landlord-tenant relationship, including security deposits, late rent, and evictions. Here's a breakdown of key laws that affect nearly all Maine landlords and tenants.

Maine Rental Application and Tenant Screening Laws

Maine law doesn't regulate many aspects of the tenant application and screening process. However, Maine landlords can't charge application fees. They can, though, charge applicants for one of the following:

  • a background check
  • a credit check, or
  • another type of screening process.

(Me. Rev. Stat. tit. 14, § 6030-H (2024).)

All landlords need to follow federal and state antidiscrimination laws when screening applicants for a rental. Federal fair housing laws prohibit landlords from discriminating on the basis of:

  • race or color
  • religion
  • national origin
  • familial status or age (includes families with children under the age of 18 and pregnant women)
  • disability or handicap, and
  • sex (includes gender identity and sexual orientation).

Maine law also bars landlords from discriminating on the basis of ancestry, receipt of a permanent protection order, or receipt of public assistance. (Me. Rev. Stat. tit. 5, § 4581-A (2024).)

For more information about Maine's fair housing laws, check out MaineHousing's fair housing website.

Maine Security Deposit Laws

Maine law dictates how much landlords can charge for a security deposit and when they must return the security deposit. Maine doesn't require landlords to pay interest on security deposits.

Importantly, the security deposit rules outlined below don't apply to tenancies in owner-occupied properties containing 5 or fewer units. (Me. Rev. Stat. tit. 14, § 6037 (2024).)

Maine Maximum Security Deposit

Maine landlords can't charge more than two months' rent for a security deposit. (Me. Rev. Stat. tit. 14, § 6032 (2024).)

How Landlords Must Hold Security Deposits in Maine

Landlords must hold security deposits in a separate bank account that is beyond the claim of creditors, the landlord, or any other person. If a tenant requests it, landlords must disclose the name of the institution holding the security deposit along with the account number. If a landlord violates these rules, the tenant can recover actual damages, the greater of one month's rent or $500, and reasonable attorneys' fees. (Me. Rev. Stat. tit. 14, § 6038 (2024).)

When and How Landlords Must Return Security Deposits in Maine

Landlords can keep all or part of the security deposit to cover unpaid rent, the costs of storing and disposing of unclaimed property, unpaid utility charges that were to be paid to the landlord, and damages beyond normal wear and tear. If the landlord keeps any or all of the deposit, they must provide the tenant with a written statement itemizing the reasons for the retention.

The security deposit and itemization (if any) must be returned to the tenant within 30 days of the tenant moving out (21 days if there's no written lease or rental agreement). If a landlord fails to provide a written statement or return the security deposit before the deadline, the landlord won't have the right to retain any portion of the security deposit. (Me. Rev. Stat. tit. 14, § 6033 (2024).)

If a landlord fails to timely return the deposit or provide the itemized statement, the tenant can give notice of their intent to file a lawsuit against the landlord within seven days. If the landlord doesn't return the full security deposit within the seven-day period, the law presumes that the landlord is wrongfully retaining the security deposit. That means that the landlord will be liable for double the amount of the security deposit, plus attorneys' fees and court costs. (Me. Rev. Stat. tit. 14, § 6034 (2024).)

Surety Bonds in Lieu of Security Deposits

Maine landlords can offer their tenants the option of purchasing a surety bond in the place of some or all of a security deposit. The amount of the surety bond can't exceed two months' rent. Landlords and tenants must follow strict rules laid out in Maine Revised Statute title 14, section 6039.

Required Landlord Disclosures in Maine

In many states, landlords must disclose specific information to tenants and potential tenants. Maine law requires the following disclosures:

  • Utilities. No landlord can lease a unit in a multiunit building where the expense of furnishing electricity to the common areas or other areas outside the unit is the sole responsibility of the tenant in that unit, unless both parties to the lease have agreed in writing that the tenant will pay these costs in return for a stated rent reduction or other accommodation that approximates the actual cost of electricity to the common areas. (Me. Rev. Stat. tit. 14, § 6024 (2024).)
  • Energy efficiency. Landlords must provide an energy efficiency disclosure to potential tenants who will pay for energy costs. Before the tenant signs the lease, the tenant and landlord must sign the statement. Alternatively, the landlord can include in the rental application the name of each supplier of energy that previously supplied the unit, if known, and the following statement: "You have the right to obtain a 12-month history of energy consumption and the cost of that consumption from the energy supplier." (Me. Rev. Stat. tit. 14, § 6030-C (2024).)
  • Radon. Unless a radon mitigation system has been installed, starting in 2014 and every 10 years after when requested by a tenant, landlords must test for radon in the rental. If the building was constructed after March 1, 2024, the landlord must test for radon within 12 months of the occupancy of the building by a tenant. Within 30 days of receiving the test results, the landlord must provide written notice to existing tenants that includes the date of the test, the results, whether mitigation has been performed, the risk associated with radon, and notice that the tenant has the right to conduct a test. The same written notice must also be given to any new tenants before they sign a lease or pay a deposit to rent. The notice must include an acknowledgment that the tenant has received the disclosure. (Me. Rev. Stat. tit. 14, § 6030-D (2024).)
  • Bed bugs. Before renting, the landlord must disclose to prospective tenants if an adjacent unit or units are currently infested with or are being treated for bed bugs. Upon request from a tenant, landlords must disclose the last date that the unit or an adjacent unit was inspected for bed bugs and found to be free of bed bugs. (Me. Rev. Stat. tit. 14, § 6021-A (2024).)
  • Smoking policy. Landlords must give tenants written disclosures about whether smoking is prohibited on the premises, allowed on the entire premises, or allowed in limited areas. If the landlord allows smoking in some areas, the notice must identify the areas on the premises where smoking is allowed. Disclosure must be made before the tenant signs a lease or pays a deposit. The disclosure must be in either the lease or a separate written notice, and the tenant must acknowledge in writing receipt of the disclosure. (Me. Rev. Stat. tit. 14, § 6030-E (2024).)
  • Fees at time of application. Although landlords can't charge application fees, they can require applicants to pay the actual cost of a background check, credit check, or another screening process. Landlords can't charge these fees unless they've notified the applicant that the landlord is required by law to provide the applicant with a complete copy of the information obtained by the screening process. (Me. Rev. Stat. tit. 14, § 6030-H (2024).)

In addition to these state-required disclosures, landlords in all states must follow federal lead-based paint disclosure rules.

Maine Late Fees and Other Rent Rules

Rent is due on whatever day the landlord and tenant agree to.

Grace Period

Maine gives tenants a long time before their rent is considered late: 15 days. Landlords can't charge a late fee until after this period has passed. (Me. Rev. Stat. tit. 14, § 6028(1) (2024).)

Late Fees

Landlords can charge tenants a fee for paying rent late, but the fee can't be more than 4% of the monthly rent. The late fee must have been disclosed in writing at the time the tenant entered into the lease or rental agreement. (Me. Rev. Stat. tit. 14 § 6028(2) (2024).)

Rent Increases

Maine landlords can't raise the rent during the term of a lease unless the lease specifically allows them to do so.

For month-to-month tenancies, landlords can raise the rent if they give the tenant at least 45 days' written notice. However, if the rent will be increasing by 10% or more, the landlord must provide at least 75 days' written notice. And, if the landlord increases rent more than once in a 12-month period, and the increases add up to a total increase of 10% or more, the landlord must provide at least 75 days' written notice. (Me. Rev. Stat. tit. 14, § 6015 (2024).)

Finally, Maine landlords can't raise the rent if the rental is in violation of the warranty of habitability through no fault of the tenant (see discussion below). (Me. Rev. Stat. tit. 14, § 6016 (2024).)

Landlords in Maine Must Provide Habitable Rentals

Landlords in Maine have a duty to keep the rental fit for human habitation. In Maine, this duty is called the "implied warranty and covenant of habitability." (Me. Rev. Stat. tit. 14, § 6021(2) (2024).)

If a condition exists in a rental that makes it unfit for human habitation, the tenant can sue the landlord in the district or superior court after giving the landlord written notice of the condition and a chance to fix it. The tenant must be current with rent when they give notice. If the court finds the landlord in violation, it will likely require the landlord to fix the problem at the rental and possibly refund the tenant any rent paid above the fair value of the rental in its inhabitable condition. (Me. Rev. Stat. tit. 14, § 6021(3) and (4) (2024).)

Unlike most other states, Maine allows landlords and tenants to enter into written waivers of the warranty of habitability in exchange for a reduction in rent or other benefit. If a landlord and tenant agree to provide heat at less than 68 degrees Fahrenheit, the agreement must be in writing and contain specific statements, and no one over 65 or under 5 years of age can reside at the rental. (Me. Rev. Stat. tit. 14, § 6021(5)-(6-A) (2024).)

Tenant Rights to Withhold Rent in Maine

If the landlord fails to keep the rental repaired and fit for human habitation, the tenant must notify the landlord and give the landlord a reasonable amount of time to make the repairs. If the landlord doesn't make the repairs, the tenant has the choice of:

  • suing the landlord (as discussed above, see "Landlords in Maine Must Provide Habitable Rentals") or
  • if the reasonable cost of fixing the issue is less than the greater of $500 or one-half the monthly rent, making the repairs themselves and deducting the cost from rent.

To use the repair and deduct remedy, the problem must not have been caused by the tenant or the tenant's guests. The tenant must first notify the landlord in writing of the tenant's intent to correct the condition at the landlord's expense. If the landlord doesn't fix the issue within 14 days after being notified, the tenant can have the work done with due professional care and with the same quality of materials as are being repaired. If the issue has to do with installing or servicing of electrical, oil burner, or plumbing systems, the work must be done by a licensed professional.

After submitting an itemized statement of the work performed and its cost, the tenant can deduct from rent the cost of the work. (Me. Rev. Stat. tit. 14, § 6026 (2024).)

Small Claims Lawsuits in Maine

If you find yourself in a battle over a security deposit or repairs, small claims court is a good place to bring your grievance. Small claims courts in Maine can hear cases in which the plaintiff—the person suing—isn't asking for more than $6,000. (Me. Rev. Stat. tit. 14, § 7482 (2024).) Small claims court procedures tend to be simpler than those of regular courts, and although Maine allows parties to have lawyers, many people represent themselves.

Maine Termination and Eviction Rules

Maine landlords must follow very specific rules and procedures in order to terminate a tenancy and then, if necessary, file an eviction lawsuit.

Notice of Termination for Cause

A landlord who wants to evict a tenant in Maine before the lease or rental agreement has expired must have cause—in other words, a legally valid reason to terminate the tenancy.

In Maine, landlords can terminate the tenancy before it expires when the tenant has:

  • caused substantial damage to the rental that hasn't been repaired
  • allowed or caused a nuisance at the rental
  • made the rental unfit for human habitation
  • not paid rent for seven or more days
  • committed domestic violence, sexual assault, or stalking against another tenant, or
  • threatened or committed violence against another tenant, a tenant's guest, the landlord, or the landlord's agent

(Me. Rev. Stat. tit. 14, § 6002 (2024).)

When a landlord wants a tenant to leave for one of these reasons, the landlord must first terminate the tenancy. This is done by giving the tenant a seven-day notice to quit. This means that if the tenant doesn't move out within the seven-day period, the landlord can file an eviction lawsuit.

Notice of Termination Due to Failure to Pay Rent

When the seven-day notice is issued because the tenant hasn't paid rent, the notice must indicate that it's being given for failure to pay rent, and must include:

  • the amount of rent that is seven days or more in arrears as of the date of the notice, and
  • the statement: "If you pay the amount of rent due as of the date of this notice before this notice expires, then this notice as it applies to rent arrearage is void. After this notice expires, if you pay all rental arrears, all rent due as of the date of payment and any filing fees and service of process fees actually paid before the writ of possession issues at the completion of the eviction process, then your tenancy will be reinstated."

This means that the tenant can void the notice and keep their tenancy by paying the full amount of rent due (as well as any of the landlord's costs incurred in serving the notice, court filing fees, and service of process fees) at any time before the court issues a writ of possession. (Me. Rev. Stat. tit. 14, § 6002(2) (2024).)

Notice of Termination Without Cause

The process for ending a tenancy without cause depends on the type of tenancy. Here's what needs to happen to end a month-to-month tenancies or a tenancy with a long-term lease.

Ending a Month-to-Month Tenancy Without Cause

If the tenant has a written month-to-month rental agreement, and the landlord wants the tenant to move out but doesn't have cause to end the tenancy, the landlord must give the tenant notice in writing at least 30 days' notice that the tenancy is ending. (Me. Rev. Stat. tit. 14, § 6002 (2024).)

If the tenant doesn't move out by the end of the 30 days, the landlord can file an eviction lawsuit.

Ending a Tenancy With a Long-Term Lease Without Cause

If a landlord wants a tenant with a long-term lease (a lease with a definite end date) to move but doesn't have legal cause to end the tenancy, the landlord has to wait until the lease ends. The landlord isn't required to give the tenant any notice to move unless the terms of the lease require the landlord to do so.

If the tenant doesn't move out when the lease ends, the landlord should stop accepting rent payments and file an eviction lawsuit.

What Landlords Must Do With Tenants' Abandoned Property

After an eviction (or even after a tenant simply moves out), the landlord might find that the tenant has left behind personal property at the rental unit. If the property clearly is garbage, the landlord can throw it away.

Otherwise, Maine landlords must place the abandoned property in a safe, dry, secured location. The landlord must then send notice to the tenant. If the tenant is still in possession of the rental, the notice must be sent to the unit and note the landlord's intent to dispose of any property remaining after the tenant leaves. The notice must give the tenant the longer of at least seven days after the notice or 48 hours after service of the writ of possession to get the property.

If the tenant has left the rental unit, the landlord must send an itemized list of the abandoned property to the tenant's last-known address. The notice must specify that if the tenant doesn't respond within seven days, the landlord can dispose of the property. (Me. Rev. Stat. tit. 14, § 6013(2) (2024).)

If the tenant claims the property within the seven-day notice period, the landlord must release the property, and can't change a fee. (Me. Rev. Stat. tit. 14, § 6013(3) (2024).)

If the tenant responds to the notice, the landlord must continue to store the property for at least 14 days after sending the notice. (Me. Rev. Stat. tit. 14, § 6013(4) (2024).)

When a tenant doesn't respond within 7 days or doesn't pick up the property for 14 days after responding to the notice, the landlord can do one or more of the following:

  • Not release the property until the tenant pays all rent owed, damages, and costs of storage.
  • Sell the property for a reasonable fair market price and apply all proceeds to rent owed, damages, and costs of storage and sale. Forward any remaining funds to the Treasurer of State.
  • Dispose of any property that doesn't have value.

(Me. Rev. Stat. tit. 14, § 6013(5)(D) (2024).)

Special Rules for Abandoned Animals

In the unfortunate event that a tenant abandons an animal or is unable to care for the animal due to death or disability, the landlord can contact a person authorized by the tenant, a humane agent, an animal control officer, or an animal shelter to pick up and care for the animal.

To avoid any liability for the animal, the landlord must, within 5 days of one of the people noted above taking custody of the animal, send a first-class letter to the tenant's last known address that contains the name, phone number, and address of the person who took custody of the animal.

(Me. Rev. Stat. tit. 14, § 6025-A (2024).)

Tenant Defenses to Eviction

Even though a landlord might have a valid reason to evict a tenant, the tenant can still choose to fight the eviction. For example, the tenant could claim that the eviction is the result of the landlord illegally discriminating, or is in retaliation for the tenant exercising a legal right.

Maine law presumes that a landlord is retaliating for a tenant's exercising a legal right when the landlord begins an eviction lawsuit within six month's of the tenant's actions. (Me. Rev. Stat. tit. 14, § 6001(3) (2024).)

Maine law also allows special protections for tenants who have experienced abuse, sexual assault, and stalking. (See the section "Rights of Victims of Crime to End Lease Early," below.) Some of these protections might provide a tenant with a defense against eviction. (Me. Rev. Stat. tit. 14, § 6001(6) (2024).)

A tenant's decision to fight the eviction could increase the costs of the eviction, and it could result in the tenant having more time to remain in the rental. For these reasons, it's often in the best interests of both the tenant and the landlord to try to negotiate a compromise rather than head to court. Mediation is a common way for landlords and tenants to work issues out—check to see if your community has a low-cost or free housing mediation program.

Illegal Evictions

Landlords can't take self-help measures to evict a tenant. For example, Maine landlords can't exclude the tenant from the rental by changing the locks, nor can they cut off services such as electricity, gas, water, or other essential services.

When a landlord performs an illegal eviction in this manner, the tenant can sue the landlord. If the court finds that the eviction was illegal, the tenant is entitled to the greater of $250 or actual damages, along with court costs and attorneys' fees. (Me. Rev. Stat. tit. 14, § 6014 (2024).)

Rights of Victims of Crime to End Lease Early

A Maine tenant can end their tenancy early due to an incident or threat of domestic violence, sexual assault, or stalking. The tenant must provide 7 days' written notice and documentation (such as a law enforcement officer's statement or a copy of an order of protection) if they have a lease of less than a year, or 30 days' written notice and documentation if they have a lease of one year or more. When a tenant terminates their tenancy in this manner, they're not liable for any unpaid rent. (Me. Rev. Stat. tit. 14, § 6001(6) (2024).)

Maine Rules About Landlords' Access to Property

Landlords must give tenants reasonable notice of the landlord's intent to enter, and can enter only at reasonable times. Maine law presumes that 24 hours is reasonable notice. Tenants can't unreasonably withhold consent for the landlord to enter in order to:

  • inspect the rental
  • make necessary or agreed-upon repairs, decorations, alterations, or improvements
  • supply necessary or agreed-upon services, or
  • show the unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

(Me. Rev. Stat. tit. 14, § 6025 (2024).)

Landlords can always enter a rental with the tenant's consent or when there's a reasonable belief that there's imminent danger to lives or property. Under Maine law, an animal at risk is considered an emergency, and the landlord can enter without 24 hours' notice. (Me. Rev. Stat. tit. 14, § 6025(2) (2024).)

Landlords who violate entry rules might have to pay the tenant their actual damages or $100, whichever is more. If the tenant has to go to court, the landlord might also have to pay the tenant's attorneys' fees.

Maine Rules About Changing Locks

Tenants can't change the locks at the rental without giving notice to the landlord, and must provide the landlord with a copy of the key within 48 hours of the change. Victims of domestic violence, sexual assault, or stalking can change the locks without notice, but must provide the landlord with a copy of the key within 72 hours of the change.

If a tenant changes the lock and refuses to provide the landlord with a copy of the key, the landlord can terminate the tenancy with a seven-day notice to terminate.

(Me. Rev. Stat. tit. 14, § 6025 (2024).)

Where to Find Maine Landlord-Tenant Laws

If you want to read the text of a law itself, such as state security deposit rules, start by checking citations for Maine landlord-tenant statutes. To access the statutes themselves, visit the Maine Legislature's website. Most landlord-tenant laws can be found in Title 14.

Local Ordinances Affecting Maine Landlords and Tenants

Cities and counties often pass local ordinances, such as rent control rules, health and safety standards, noise and nuisance regulations, and anti-discrimination rules that affect landlords and tenants. Many municipalities have websites—just search for the name of a particular city in Maine and then do a search when you're on the site.

State and Local Government on the Net and Municode are good sources for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Maine.

Federal Landlord-Tenant Laws and Regulations

Congress and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have enacted laws and regulations that apply to the landlord-tenant relationship in Maine. These laws and regulations address topics such as discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.

The U.S. Code is the starting place for most federal statutory research. It consists of 53 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations ("CFR"). To access the U.S. Code and Code of Federal Regulations online, see the federal section of the Library of Congress's legal research site.

Nolo Resources on Legal Research and Landlord-Tenant Law

For more information on legal research, check out Legal Research: How to Find & Understand the Law, by Stephen Elias (Nolo). This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information.

You'll also find a wealth of information in Nolo's landlord-tenant books.

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