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Maine

A Maine lease agreement is a legally binding contract between a landlord and a tenant that outlines the terms for renting a property. This document specifies the duration of the lease, the monthly rent amount, and the responsibilities of both parties, as well as the potential consequences for any violations.

SimpleBasicLease_Maine

SimpleBasicLease_Maine

Rental Lease Laws Overview

Maine does not have statewide rent control, and there are specific regulations regarding late fees, grace periods, and landlord licensing. Key points include:

  • There is no statewide rent control.
  • Late fees are regulated.
  • Late fees can be included in the rental agreement.
  • A grace period for late payments is provided.
  • Landlords do not require a license to operate.

Required Lease Disclosures

Landlords in Maine must provide several disclosures to tenants as part of the lease agreement:

  • Radon Disclosure Form: Required every ten years since 2012.
  • Bedbugs Infestation Disclosure: Mandatory if there is an infestation.
  • Security Deposits: Landlords must disclose the bank name and account number for security deposits.
  • Electricity to Common Areas: Tenants are not responsible for utilities in common areas.
  • Lead-Based Paint Disclosure: Must be provided before occupancy.
  • Residential Energy Efficiency Disclosure Statement: Required for tenants who pay utilities.
  • Smoking Policy: Must be disclosed to tenants.

Security Deposits

The rules governing security deposits in Maine include:

  • Maximum Amount: A security deposit can be up to two months’ rent, except for owner-occupied buildings with five or fewer units.
  • Receipt Requirement: Landlords must provide a written receipt for each security deposit received.
  • Interest Collection: Only mobile home park operators are required to collect and pay interest on security deposits.
  • Return of Deposits: Security deposits must be returned within 30 days for fixed-term leases or within 21 days for month-to-month leases.
  • Withholding Rules: If any portion of the security deposit is retained, landlords must provide a written statement detailing the reasons for retention along with the remaining deposit.

Rent Payments

Key aspects of rent payments in Maine include:

  • Rent is due as specified in the lease agreement.
  • A 15-day grace period is provided during which landlords cannot charge a fee or initiate eviction for late rent.
  • The maximum late fee that can be charged is 4% of the monthly rent amount.
  • Tenants may pay for utility services in the landlord’s name and deduct the amount from their rent if the landlord fails to pay for those services.

Landlord Right of Entry

Landlords have specific rights regarding entry into rental properties:

  • Notice Requirements: Landlords must provide 24 hours’ notice before entering the property in non-emergency situations. They may enter without notice in emergencies, including situations where an animal’s welfare is at risk.
  • Keys, Locks, and Security: Landlords are required to ensure that all rental units have functional locks.

Property Repairs

Responsibilities for property repairs are divided between landlords and tenants:

  • Landlord Responsibilities: Landlords must maintain the rental property in a habitable condition and make necessary repairs.
  • Tenant Repairs: If a landlord fails to make necessary repairs within 14 days of receiving notice, the tenant may make the repairs and deduct the cost from rent, with the cost not exceeding $500 or half the monthly rent, whichever is greater.
  • Abandonment: Maine law does not specify the time frame for when a rental unit is considered abandoned.

Terminating a Lease

The process for terminating a lease in Maine varies based on the type of tenancy:

  • Month-to-Month Tenancy: Either party may terminate a month-to-month tenancy with 30 days’ notice.
  • Unclaimed Property: If a tenant leaves belongings behind, the landlord must store them safely and notify the tenant. The tenant has 7 days to collect the property after receiving notice, or 14 days if they respond. After this period, the landlord may sell the property to cover storage costs, damages, and owed rent, with any excess funds going to the Treasurer of State.

Statutes

FAQs

In Maine, lease agreements must include several required disclosures such as a Radon Disclosure Form, Bedbugs Infestation Disclosure, Security Deposit details, Lead-Based Paint Disclosure, and a Smoking Policy. Additionally, if tenants pay utilities, a Residential Energy Efficiency Disclosure Statement is also required.

In Maine, landlords can require a security deposit of up to two months’ rent. However, this rule does not apply to owner-occupied buildings with five or fewer units.

Landlords in Maine must return the security deposit within 30 days of the end of a fixed-term lease or within 21 days for month-to-month leases. If any portion is withheld, the landlord must provide a written statement detailing the reasons for the retention.

Maine law provides a 15-day grace period for late rent payments, during which landlords cannot charge a late fee or initiate eviction proceedings for non-payment.

In Maine, landlords must provide 24 hours’ notice before entering a rental property for non-emergency situations. However, they can enter without notice in emergencies, including situations where an animal’s welfare is at risk.

If a landlord does not make necessary repairs within 14 days of being notified, the tenant may make the repairs themselves and deduct the cost from their rent. However, the repair cost cannot exceed $500 or half the monthly rent, whichever is greater.

Yes, landlords in Maine can charge late fees for overdue rent, but the maximum late fee allowed is 4% of the monthly rent amount.

Both tenants and landlords can terminate a month-to-month lease in Maine by providing a 30-day notice to the other party.