Updated May 25, 2023
A Maine lease agreement allows a landlord and tenant to create a rental contract over the use of residential or commercial space. The tenant is allowed to occupy the agreed-upon space in return for a monthly payment to the landlord. In Maine, once a document has been signed by both parties, the form becomes legally binding to both the landlord and tenant.
Table of Contents |
Agreement Types (6)
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Required Disclosures (8)
Bedbugs Infestation Disclosure (§ 6021-A) – If the rental unit or adjacent rental unit is being treated or currently has bedbugs, it must be relayed to the tenant in writing. Read the Fact Sheet published by Maine Housing.
Electricity to Common Areas (§ 6024) – Unless both parties agree, the landlord may not bill the tenant for electricity, heat, or any utility or service for common areas in the property, such as hallways, stairwells, etc.
Energy Efficiency Disclosure (§ 6030-C) – Required to be completed by the landlord and signed by the tenant.
Lead-Based Paint Disclosure – Due to federal law, all residences built before 1978 must have this form attached and signed/acknowledged by the tenants. The document informs them about the potential of hazardous paint within the walls and to always be on the watch for cracking or chipping paint.
Radon Disclosure Form (pamphlet included) (§ 6030-D) – Starting in 2012, the landlord is required every ten (10) years to check for the existence of radon. This form must be issued to every tenant.
Rental Housing Rights Disclosure Form (Portland, Maine ONLY) – this 1-page document must be handed to the tenant before occupancy.
Security Deposit Location (§ 6038) – The landlord must give the bank name and account number where the funds are stored.
Smoking Policy (§ 6030-E) – The landlord must state what the smoking policy is on the property, whether it is allowed, only in certain areas, or outright prohibited.
Security Deposits
Maximum Amount (§ 6032) – A limit of two (2) months’ rent may be asked for at the time of commencement.
Returning (§ 6033) – The landlord must return the funds within thirty (30) days if it is a fixed lease and twenty-one (21) days if it is a month-to-month lease.
When is Rent Due? (Grace Period)
There is a fifteen (15) day grace period in Maine which means the landlord cannot charge a late fee or start eviction proceedings until the 16th day (§ 6028(1)).
If the tenant has not paid rent within the grace period, the landlord can issue a 7-day notice to quit.
Late Fees
Maximum Penalty (§ 6028(2)) – 4% of the monthly rent amount and must be mentioned in the lease.
NSF Fee (14 § 6071(1)) – The landlord can assess 12% of the check (rent) amount for a non-sufficient funds (NSF) fee.
Right to Enter (Grace Period)
A landlord must give twenty-four (24) hours’ notice before entering the tenant’s property for any non-emergency situation (§ 6025).
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Resources
- Title 14, Chapter 710 (Rental Property) – Maine Revised Statutes.
- The Rights of Tenants in Maine – Provided by Pine Tree Legal Assistance.
- Maine Rental Housing Guide – Provided by the Maine State Housing Authority.