Maine Eviction Notice
A Maine eviction notice is a legal document used by landlords to inform tenants of their non-compliance with lease terms or to terminate their tenancy. This notice is essential for initiating the eviction process, allowing tenants a specified period to address the issue or vacate the property.
Maine Eviction Notice
Types of Maine Eviction Notice Forms
Maine landlords can issue several types of eviction notices based on specific grounds for eviction. The primary types include:
1. 7-Day Notice to Quit (Non-Payment)
- Grounds: Nonpayment of rent.
- Details: The tenant must pay all past due rent or vacate the premises within seven (7) calendar days of receiving the notice.
- Legal Reference: 14 M.R.S. § 6002(1)(C).
2. 7-Day Notice to Comply or Vacate
- Grounds: Curable lease violations (e.g., health and safety issues, interference with neighbors).
- Details: The tenant must correct the violation or vacate within seven (7) calendar days.
3. 7-Day Notice to Vacate
- Grounds: Incurable lease violations (e.g., major property damage, illegal activity).
- Details: The tenant must vacate within seven (7) calendar days.
4. 30-Day Notice to Vacate
- Grounds: Termination of a periodic tenancy (e.g., month-to-month).
- Details: The tenant must receive notice at least thirty (30) calendar days before the termination date.
- Legal Reference: 14 M.R.S. § 6002.
How to Write an Eviction Notice in Maine
To ensure legal compliance, an eviction notice in Maine should include the following elements:
- Tenant’s Full Name and Address: Clearly identify the tenant.
- Lease Violation Details: Specify the reason for the eviction, including any balance due.
- Date of Termination: State when the tenancy will end.
- Landlord’s Signature: Include the landlord’s printed name, signature, and address of record.
- Delivery Method: Note the date and method of notice delivery, along with the signature of the person delivering the notice.
How to Serve an Eviction Notice in Maine
Landlords must make three good faith efforts to deliver the eviction notice in person. If unsuccessful, the notice may be posted at the premises and sent via first-class mail with a certificate of mailing. Mailed notices extend the notice period by three (3) calendar days to account for delivery times.
Eviction Laws & Requirements
Legal Framework
- Eviction Lawsuit: Governed by Maine Revised Statutes (M.R.S.) Title 14, Chapter 709.
- Late Fee Penalty: A late fee of up to 4% of the monthly rent may be collected after 15 days from the due date if specified in the lease (14 M.R.S. § 6028).
Notice Periods
- Non-Payment of Rent: 7 days (14 M.R.S. § 6002(1)(C)).
- Notice of Non-Compliance: 30 days or 7 days for significant damage or specific violations (14 M.R.S. § 6002(1)(A)-(F)).
- Lease Termination: 30 days for month-to-month agreements (14 M.R.S. § 6002).
Eviction Process Steps
- Deliver Eviction Notice: Provide written notice to the tenant regarding the lease violation or termination.
- File Complaint and Summons: If the tenant does not respond, file a forcible entry and detainer action in the district court.
- Serve Summons: Deliver copies of the summons and complaint to the tenant via the sheriff or by mail with proof of service.
- Attend Eviction Hearing: Present evidence at the hearing to support the eviction.
- Obtain Eviction Order: If successful, receive a judgment of eviction and a writ of possession to remove the tenant if they do not vacate.
Important Considerations
- Tenant Protections: The Maine Human Rights Act protects tenants from discrimination based on various factors, including race, sex, and disability.
- Legal Compliance: Landlords must follow all legal procedures and cannot forcibly evict tenants without going through the formal process.
Statutes
- Me. Stat. tit. 14 § 6001(1-B) – [Effective 1/1/2025] Availability of remedy
- Me. Stat. tit. 14 § 6001(3) – [Effective 1/1/2025] Availability of remedy
- Me. Stat. tit. 14 § 6002 – Tenancy at will; buildings on land of another
- Me. Stat. tit. 14 § 6003 – Jurisdiction
- Me. Stat. tit. 14 § 6010-A – Landlord’s Duty to Mitigate
- Me. Stat. tit. 14 § 6014(1) – Remedies for illegal evictions
- Me. Stat. tit. 14 § 6014(1A) – Remedies for illegal evictions
- Me. Stat. tit. 14 § 6015 – [Effective 1/1/2025] Notice of rent or mandatory recurring fee increase
- Me. Stat. tit. 14 § 6021 – Implied warranty and covenant of habitability
- Me. Stat. tit. 14 § 6021-A – Treatment of Bedbug Infestation
- Me. Stat. tit. 14 § 6022 – Receipts for rent payments and security deposits
- Me. Stat. tit. 14 § 6022-A – [Effective 1/1/2025] Limit on initial amount paid by tenant
- Me. Stat. tit. 14 § 6024 – Heat and Utilities in Common Areas
- Me. Stat. tit. 14 § 6025(2) – Access to Premises
- Me. Stat. tit. 14 § 6025 – Access to Premises
- Me. Stat. tit. 14 § 6026(2) – Dangerous Conditions Requiring Minor Repairs
- Me. Stat. tit. 14 § 6028 – Penalties for late payment of rent
- Me. Stat. tit. 14 § 6030-B – Lead Disclosures
- Me. Stat. tit. 14 § 6030-C – Residential Energy Efficiency Disclosure Statement
- Me. Stat. tit. 14 § 6030-D – Radon Testing
- Me. Stat. tit. 14 § 6030-E – Smoking Policy
- Me. Stat. tit. 14 § 6030-H – Fees charged to applicants for lease of residential dwelling unit
- Me. Stat. tit. 14 § 6032 – Maximum security deposit
- Me. Stat. tit. 14 § 6033 – Return of the Security Deposit
- Me. Stat. tit. 14 § 6034 – Wrongful retention; damages
- Me. Stat. tit. 14 § 6037(2)
- Me. Stat. tit. 14 § 6038 – Treatment of security deposit
- Me. Stat. tit. 14 § 6038 – Treatment of Security Deposit
- Me. Stat. tit. 14 § 6039 – Surety Bonds
- Me. Stat. tit. 14 § 6041 – Installation; consent of building owner required
- Me. Stat. tit. 14 § 6041 – Installation; consent of building owner required
- Me. Stat. tit. 14 § 6071 – Civil Penalties for Bad Checks
- Me. Stat. tit. 14 § 7482 – Definition of a Small Claim
- Me. Stat. tit. 14 § 752 – Six Years
- 14 M.R.S. § 6026 – Tenant’s Duties
FAQs
In Maine, there are several types of eviction notices including the 7-Day Notice to Quit for non-payment of rent, the 7-Day Notice to Comply or Vacate for lease violations, the 7-Day Notice to Vacate for incurable lease violations, and the 30-Day Notice to Vacate for terminating month-to-month tenancies. Each notice serves a specific purpose based on the reason for eviction.
A tenant has seven (7) calendar days to either pay the past due rent or vacate the premises after receiving a 7-Day Notice to Quit for non-payment of rent. If the tenant fails to comply, the landlord may proceed with legal action to evict them.
To evict a tenant in Maine, a landlord must first deliver a proper eviction notice, then file a complaint and summons in the district court if the tenant does not respond. After that, the landlord must serve the tenant with the summons and complaint, and finally attend the eviction hearing to present their case.
Yes, a landlord can evict a tenant for lease violations in Maine. Depending on the severity of the violation, the landlord may issue a 7-Day Notice to Comply or Vacate for curable violations or a 7-Day Notice to Vacate for incurable violations, requiring the tenant to correct the issue or vacate the property.
In Maine, a landlord must make three good faith efforts to personally deliver the eviction notice to the tenant. If personal delivery fails, the notice can be posted at the premises and sent via first-class mail, which extends the notice period by three calendar days.
If a tenant does not vacate the property after the notice period expires, the landlord can file a forcible entry and detainer action in court. If the court rules in favor of the landlord, a writ of possession will be issued, allowing law enforcement to remove the tenant if they still refuse to leave.
Yes, in Maine, tenants typically have a 15-day grace period after the rent due date to pay their rent. If the rent is not paid within this period, the landlord can issue a 7-Day Notice to Quit for non-payment.
Tenants in Maine are protected under the Maine Human Rights Act, which prohibits discrimination based on race, sex, color, sexual orientation, and other factors. Additionally, landlords must provide proper notice and follow legal procedures before evicting a tenant.