Under Maine law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants and rights and responsibilities under MRS Title 14 Chapter 709, such as the right to timely rent payments and a livable dwelling.Note: These rights exist regardless of what the rental agreement says.
In Maine, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Maine’s habitability requirements:
| Item | Has To Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | No | Heating, If Provided |
| Hot Water | No | No |
| Kitchen Appliances | No | No |
| Garbage Containers/Removal | No | No |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Sometimes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords must perform necessary repairs in a timely manner. In Maine, landlords must make repairs within a “reasonable” time after getting written notice from tenants. If repairs aren’t made in a timely manner, Maine tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent. Read more
Landlords in Maine are permitted to evict tenants for the following reasons:
It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons.
It’s illegal for Maine landlords to retaliate against tenants. Maine defines retaliation as a landlord attempting to evict tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
Returns and Deductions: The following laws apply to the return of security deposits:
Notice Requirements: If a tenant wants to terminate a periodic lease, then they must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 30 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No Statute |
| Year-to-Year | 30 Days |
Early Termination: If a tenant wishes to break a lease early, they may do so for the following reasons:
If a Maine tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Maine does not have rent control, but state law allows cities and towns to create their own rent control laws. For example, Portland’s City Code limits rent increases to a percentage based on the rate of inflation.
In cities where rent control does not apply, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent if the rental unit violates the warranty of habitability (e.g., there is no hot water), or during the lease term unless the lease agreement allows for it.
Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes.
By state law, landlords must give 45 days’ notice to increase rent, or 75 days whenever the total of rent increases across the past 12 months is 10% or more. [1] However, landlords must give 30 days’ notice to mobile home tenants. City rent control laws may require a different notice period.
Protected Groups: The Federal Fair Housing Act prohibits discrimination on the basis of race, color, national origin, familial status, religion, sex (including gender identity and sexual orientation), or disability. These rules do not apply to some owner-occupied homes or homes operated by religious organizations.
Discriminatory Acts and Penalties: Housing discrimination complaints are handled by the Maine Human Rights Commission. They have identified the following behaviors as potentially discriminatory when directed at a member of a protected class:
The Commission does not disclose what kind of penalties are imposed on landlords found guilty of discrimination. Victims of housing discrimination can file a complaint at their own discretion.
In addition to having laws that address general issues like repairs and security deposits, most states, including Maine, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Maine strictly limits the total amount that a landlord can charge up front before a tenancy begins. A landlord may only collect first month’s rent, a security deposit, and any mandatory recurring fees which have been disclosed to the tenant and agreed to. [4]
Maine landlords can enter a rental property for maintenance, inspections, and property showings. They usually must provide at least 24 hours of advance notice before any entry. There is no requirement for notice or permission in emergency situations.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $6,000. Maine Small Claims Court is a division of District Court. The process takes approximately one to three months.
Maine landlords are required to give the following mandatory disclosures:
Maine tenants are allowed to change their locks if the rental agreement doesn’t say otherwise, but they must give copies of any new keys to the landlord within 48 hours of a lock change (72 hours, if they are victims of domestic abuse), or else the landlord is allowed to use reasonable force to enter the property. By contrast, landlords are not allowed to unilaterally change locks on a tenant, as this is considered a form of illegal “self help” eviction.
Many cities in Maine have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see the resources below for more general information.
The Rights of Tenants in Maine – Though it is published by a non-state legal firm, this guide is among the most comprehensive for helping new Maine tenants understand their rights and obligations under the state’s laws. This digital resource is easy to page through as well, so readers can easily search for keyword and find the answers they are looking for.
Maine Housing Guide – This multi-purpose guide can help both landlords and tenants understand Maine’s statewide programs and provisions relating to housing. In particular, this guide has a lot of contact information for outside organizations that can help protect and support individuals in need of affordable housing.
Maine Model Lease – This example lease was created by Maine’s Attorney General to demonstrate what provisions can and should be added to a fully operable lease agreement. New landlords in Maine can use this document as a base for creating an equitable lease agreement that minimizes the risk of conflict with future tenants.
If rent charged for a residential estate is increased by the landlord by 10% or more, the landlord must provide at least 75 days’ written notice to the tenant. 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 prior to any increase that brings the total increase in rent to 10% or more. A written or oral waiver of this requirement is against public policy and is void. Any person in violation of this subsection is liable for the return, with interest, of any sums unlawfully obtained from the tenant and reasonable attorney’s fees and costs.
1. Energy efficiency disclosure. A prospective tenant who will be paying utility costs has the right to obtain from an energy supplier for the unit offered for rental the amount of consumption and the cost of that consumption for the prior 12-month period. A landlord or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential property that will be used by a tenant or lessee as a primary residence shall provide to potential tenants or lessees who pay for an energy supply for the unit or upon request by a tenant or lessee a residential energy efficiency disclosure statement in accordance with Title 35‑A, section 10117, subsection 1 that includes, but is not limited to, information about the energy efficiency of the property. Alternatively, the landlord may include in the application for the residential property 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.”
2. Provision of statement. A landlord or other person who on behalf of a landlord enters into a lease or tenancy at will agreement shall provide the residential energy efficiency disclosure statement required under subsection 1 in accordance with this subsection. The landlord or other person who on behalf of a landlord enters into a lease or tenancy at will agreement shall provide the statement to any person who requests the statement in person. Before a tenant or lessee enters into a contract or pays a deposit to rent or lease a property, the landlord or other person who on behalf of a landlord enters into a lease or tenancy at will agreement shall provide the statement to the tenant or lessee, obtain the tenant’s or lessee’s signature on the statement and sign the statement. The landlord or other person who on behalf of a landlord enters into a lease or tenancy at will agreement shall retain the signed statement for a minimum of 3 years.
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. “Mandatory recurring fee” has the same meaning as in section 6000, subsection1-A. B. “Optional recurring fee” has the same meaning as in section 6030-I, subsection 1. C. “Rent” has the same meaning as in section 6000, subsection 1-B. D. “Utility service costs” has the same meaning as in section 6000, subsection 3-A.
2. Written disclosure prior to tenancy. Notwithstanding any other provision of this chapter, prior to entering a lease or tenancy at will agreement, a landlord shall provide a potential tenant or lessee written disclosure of the costs the tenant or lessee will be responsible for paying pursuant to the lease or tenancy at will agreement that contains at a minimum the following: A. The total cost of rent; B. Any mandatory recurring fee; C. Any optional recurring fee; D. Any utility service costs; and E. Any other cost that the tenant will be responsible for paying pursuant to the lease or tenancy at will agreement.The disclosure must be plain and readily understandable by the general public. If a landlord is unable to obtain utility service costs for a dwelling unit, the landlord may provide a completed residential rental energy efficiency disclosure statement in accordance with Title35‑A, section 10117, subsection 1. The disclosure must be signed by both parties, with a copy provided to each.
3. Exception. A written disclosure under subsection 2 is not required if the tenant is not responsible for paying any mandatory recurring fee or any optional recurring fee.
Sec. 13. Effective date. This Act takes effect January 1, 2025.
1. Limit on amount required to initiate tenancy. Upon entering a lease or tenancy at will agreement, a landlord, landlord’s agent or real estate broker may not require a tenant to pay an initial amount of money in excess of the total of the rent for the first full month of occupancy, a security deposit as limited by section 6032 and any mandatory recurring fee as defined in section 6000, subsection 1-A that is properly disclosed under section 6030-J.
Can a Landlord Enter Without Permission in Maine? Maine landlords can enter a rental property without the tenant's permission, but only in an emergency (which specifically includes checking on an animal's welfare) or when there's another provable reason that it's not practically possible to contact the tenant first. Read more » Is Maine a “Landlord Friendly” State? Maine is a relatively landlord-friendly state. There is no rent control at the statewide level, and landlords are not strictly regulated in terms of required amenities for habitable housing. Read more » What Are a Tenant’s Rights in Maine? Tenants in Maine have the right to habitable housing. If a landlord violates this right, tenants can sue for an injunction against the landlord, or for monetary damages. Read more » Can a Tenant Change the Locks in Maine? Maine tenants can change their own locks, but the landlord is allowed to break into the rental property using reasonable force if tenants don't provide copies of any new keys within 48 hours of the lock change. This time limit is extended to 72 hours when the lock change takes place for reasons of domestic abuse. Read more »
