Maine Lease Agreements (6) | Residential & Commercial

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Updated January 12, 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.

Rental Application – Form used to screen a tenant before signing a lease to ensure their employment, income, credit, background, and any references make sure the person is a valid tenant.

Table of Contents

Agreement Types (6)

Standard Residential Lease Agreement – Provided by the Attorney General, the document is pursuant to all Maine laws for a standard fixed rental arrangement.

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Commercial Lease Agreement – Provided by the Maine Association of Realtors for any net lease for a business-related property.

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Month-to-Month Lease Agreement (Title 14 § 6002) – Known as a “tenancy at will,” which has no end date but can be canceled at any time by either the landlord or tenant. Either party must send a notice at least 30 days before the next payment date.

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Rent-to-Own Lease Agreement – Rental arrangement between a landlord and tenant, which also allows for the purchasing of the property according to certain agreed-upon terms and conditions.

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Room Rental (Roommate) Agreement – By and between individuals sharing a housing arrangement.

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Sublease Agreement – Arrangement between a tenant under a lease and a new tenant, the “subtenant,” who rents directly from the original and must follow the rules and regulations of the property.

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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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